Department: Higher Secondary Education
Subject:
Government of West Bengal
Education Department
Higher Secondary Branch
No. 250-SE (HS) Dated: 20.11.96
NOTIFICATION
In exercise of the power conferred by Sub-section (1) and in particular by clause (d) of Sub-section (2) of Section 40 of the West Bengal Council of Higher Secondary Education Act, 1975, (West Ben. Act VIII of 1975), the Governor is pleased hereby to make, after previous publication as required by Sub-Section (1) of the said Section, the following rules:-
Rules of Management of Recognized Independent Higher Secondary Institutions, 1996
- Short Title and Commencement:
(a) These Rules may be called the Management of Recognized Independent Higher Secondary Institutions, 1996.
(b) These Rules shall come into force on such date as the State Government may, by notification in the official Gazette, appoint. - Definitions:
In these Rules, unless there be something repugnant in the subject or context, â
(a) âthe Actâ means the West Bengal Council of Higher Secondary Education Act, 1975 (West Bengal Act VIII of 1975, as amended.
(b) âCommitteeâ means the Managing Committee duly constituted to maintain and manage an independent Higher Secondary institution.
(c) âCouncilâ means the West Bengal Council of Higher Secondary Education.
(d) âD.I.â means the District Inspector of Schools (Secondary Education).
(e) âDirectorâ means the Director of School Education, West Bengal.
(f) âEmployeeâ means a person (a teacher a member of the non-teaching staff) duly appointed as such by the institution.
(g) âHead of the institutionâ means the head of an independent Higher Secondary institution by whatever name he or she is called.
(h) âIndependent Higher Secondary institutionâ means an institution set up for imparting instruction in Higher Secondary Courses (+2) only and recognized as such by the Council.
(i) âInstitutionâ means an independent Higher Secondary institution.
(j) âJoint Secretaryâ means the Joint Secretary of the Committee.
(k) âNon-teaching staff means the members of staff not holding any teaching post and duly appointed as such.
(l) âPresidentâ means the President of the Committee.
(m) âRecognizedâ means recognized by the Council.
(n) âSanctioned postâ means any post of teaching/non-teachin staff sanctioned by the Director.
(o) âSecretaryâ means the Secretary of the Committee.
(p) Teacherâ includes Headmaster/Headmistress/Principal/Rector, Assistant Headmaster/Assistant Headmistress or any other person duly appointed to a sanctioned post of teaching staff
(q) âVice-Presidentâ means the Vice-President of the Committee. - Composition of the Managing Committee:
The Committee of an institution shall consist of the following members:
(i) The head of the institution (ex-officio);
(ii) Three guardians to be elected in the manner laid down in Rule 4 (i);
(iii) two members of the teaching staff other than the head of the institution and one member of the non-teaching staff to be elected in the manner indicated in Rule 4(h);
(iv) one member to be nominated by the Director;
(v) one member to be nominated by the Council;
(vi) one member to be nominated by the President of the Council from among doner(s)/ founder(s) included in the list of doner(s)/founder(s) to be prepared in the manner laid down in Rule 4(iii); provided that no teacher or other employee of the institution who is a doner/founder shall be nominated as such member.
(vii) one person interested in education to be co-opted in the manner laid down in Rule 4(iv); provided that in the case of an institution located within the jurisdiction of a Corporation/Municipality/Panchayat, the person interested in education shall be the nominee of the Corporation/Municipality/Panchayat; provided further that he/ she shall neither be a teacher nor a member of the non-teaching staff of the institution concerned.
Provided that no Person shall be eligible to represent more than one category. - Procedure for Formation of the Committee:
(i) Persons whose names are entered in the register of eligible voters as guardians shall elect from among themselves three members to the Committee, of whom at least one shall be a woman in the case of a girlsâ institution.
(ii) Members of the teaching and the non-teaching staff of an institution shall jointly elect two members from among the teaching staff (except the head of the institution) and one member from among the non-teaching staff to the Committee.
Explanation:
(a) Members of the teaching and the non-teaching staff shall mean whole-time members holding sanctioned posts.
(b) Immediately after the election noted at (ii) above, the same electorate shall elect to the Finance Sub-Committee one member from these teaching and non-teaching employees who have been elected to the committee.
(iii) The head of the institution shall convene a meeting of all the elected, nominated and ex-officio members of the Committee of finalize a list, to be forwarded to the President of the Council, of founders and/or doners from among claimants, if any. Persons whose names are accepted as such at this meeting held before the election of office-bearers shall be treated as founders and/or doners;
Provided that on the death of a founder/doner, his/her son or any other heir shall not be entitled to be treated as a founder/doner;
Provided further that a person who has donated not less than Rs. 25,000/- (Rupees Twenty five thousand) or its equivalent to the institution shall be treated as a doner.
Explanation:
If a doner/founder declines to serve on the Committee, the President of the Council may nominate from the list of found/doners a person willing to serve in that capacity.
(iv) At a meeting convened for the purpose by the head of the institution, the elected, nominated, ex-officio members and the founder/doner member, if any, of the newly constituted Committee shall co-opt a person interested in education as provided under Rule 3(vii). - Committee to be Constituted within Six Months:
The Committee of an institution shall be constituted in accordance with the provision of the Rules within a period of six months from the date of publication of these Rules in the Official Gazette;
Provided that the extension of time may, for good and sufficient reasons, be granted by the Council, and if an institution fails or neglects to constitute the Committee within the period specified or within the period extended by the Council, than the Council shall appoint an Administrator or an Ad-hoc Committee for a period not exceeding 18 (eighteen) months, who/which shall have all powers and functions of the Managing Committee until a new Committee assumes charge within that specified period. - Tenure of the Committee:
The tenure of the office of the Committee to be constituted as under the rules shall be 2 (two) years with effect from the date of election of its President; provided that such terms may, in exceptional circumstances, be extended by the Council and if the Committee is not reconstituted within the extended term of the outgoing Committee, the Council shall appoint an Administrator. - Filling of Casual Vacancies:
(i) Casual vacancies in the committee, except a vacancy in the office of a teaching or a non-teaching employee elected to the Committee, shall be filled by nomination/ co-option of person/persons from the relevant category/categories;
Provided that in the event of a mid-term vacancy under the category of guardians, the Committee shall co-opt a member from the list of guardians of students reading in Class XI, provided further that in the event of a mid-term vacancy of a seat reserved for a woman guardian in a girlsâ institution where there is one woman guardian or more such vacancy shall be filled by the Committee through co-option from among the woman guardians of students reading in Class XI.
(ii) Any causal vacancy in the office of a teaching or a non-teaching employee elected to the committee shall be filled by election in the manner laid down in Rule 4(ii);
(iii) Any member elected, nominated or co-opted to fill a casual vacancy shall hold office for the unexpired portion of the term of office of the representative whose place he/she fills. - Actions of the Committee Not to be Invalidated by Reason of Vacancy:
No action of the committee shall be invalidated by reason of vacancy in the office of any member of the committee. - Cessation of Membership:
The office of an elected, nominated or co-opted member of the committee shall become vacant if â
(a) he/she absents himself/herself from three consecutive meetings without prior intimation to the President; or
(b) he/she is mentally unsound or convicted of any offence; or
(c) he/she ceases to be a member of the category from which he/she has been elected or nominated or co-opted.
Provided that a vacancy caused by ceasation of membership shall be tilled by co-option/nomination election, as the case may be, and as provided under Rule 7(i) & (ii). - Procedure for Election:
(i) The date of election of a committee for the purpose of its constitution/reconstitution shall be fixed at a meeting of the committee at least 60 (sixty) days before the expiry of the tenure of the existing committee.
(ii) The member referred to in Rule 3(iv) shall be placed by the Director or by an officer authorised by him ordinarily within 30(thiity) days from the date of election of members from the category of guardians.
(iii) The member referred to in Rule 3(v) will be nominated by the Council ordinarily within 30 (thirty) days from the date of election of members from the category of guardians.
(iv) The member referred to in Rule 3(vi) will be nominated by the President of the Council ordinarily within 90 (ninety) days from the date of election under the category of guardians. - Register of Voters:
(i) A register of guardians eligible to participate in the election as laid down in Rule 4(i) shall be prepared by the head of the institution in consultation with the members of the existing committee, if there is any^at a meeting convened by him/ her for the said purpose with 7 (seven) clear daysâ notice served by Registered post with acknowledgement due and shall, after consultation, be revised annually. The register shall be provisionally closed on the fifteenth day of December every year. It shall be open to inspection for at least one month from that date and shall be finally closed on the last day of January every year with such revisions as may be made by the head of the institution in consultation with the members of the committee.
(ii) In the year in which an election for the constitution or reconstitution of the committee falls due, such register of guardians eligible to participate in the election process shall be provisionally closed, and the provisional electoral rolls published simultaneously on the notice-boards of the institution at least one month before the date of election. After due consideration of claims and objections, if any, the register of guardians eligible to participate in the election shall be finally closed and the revised electoral rolls be published at least 15 (fifteen) days before the date of election by the head of the institution in consultation with the members of the Committee.
(iii) a) The programme in detail for holding the election for constitution or reconstitution for the committee shall be prepared by the head of the institution and has to be approved by the committee at a meeting held at least 30 (thirty) days prior to the date of publication of the provisional votersâ list. The provisional votersâ list and subsequently the final votersâ list shall also have to be got approved by the committee at meetings to be convened for the purpose by the head of the institution.
b) In case the head of the institution fails or neglects to convene the meeting for approval of the election programme or to convene the meeting for approval of the provisional/final votersâ list or to conduct the election in accordance with the approved programme, the Secretary, with the approval of the Committee, shall forthwith, under intimation to the Council, entrust all work pertaining to the election of the Committee, including preparation of the votersâ list, assignment of duties to the scrutiny Officer or appointment of the Election Officer, etc. to the Assistant Headmaster/Assistant Headmistress or, if there be no Assistant Headmaster/Assistant Headmistress, to the seniormost approved Assistant Teacher of the institution.
(c) If, however, the head of the institution fails to get the election programme and or the votersâ list approved by the Committee in time for lack of quorum or for some other reasons beyond his/her control, the election programme and/or voters list shall have to be got approved by the President of the Committee, under intimation to the Council. - Particulars in the Register of Voters:
The register of eligible voters shall contain the name of all the guardians whose names are entered as such in the Admission Register.
Provided that the right of a guardian to participate in the election process shall cease from the date on which his/her ward or wards leave the institution. Provided further that in case a pupil of the institution is sent up for the Higher Secondary Examination conducted by the Council in a particular year, the guardianship of that ward shall cease from the first day of July that year. Provided further that if the Attendance Register shows a student to be absent from the institution for 3 (three) consecutive months without knowledge and permission of the head of the institution till the date of the preparation of the provisional votersâ list, the student shall be deemed to have left the institution and the guardian of such student shall cease to be guardian for the purpose of election of the Committee.
Explanation:
(a) The term âguardianâ means father or mother or, in the absence of both by death or disappearance, one of the following relations in the order stated-namely, grandfather, grandmother, brother, sister, paternal uncle and maternal uncle. In the absence of all such relations, any other relation with whom the ward is actually residing shall be the guardian. But no one shall be guardian if he/she is below 21 (twenty one) years of age and whose name does not figure in the Admission Register,
(b) An employee of the institution, who is also a guardian, shall be entitled to have his/her name registered as a guardian but shall not be eligible to seek election under the category of guardians, although he/she shall have the right to vote as guardian. This will not affect his right to seek election under the category of employees. - Office Bearers:
(i) The committee shall ordinarily consist of not more than 11 (eleven) members as specified under Rule 3 including the President, the Vice-President and the Secretary who shall be elected by the members of the Committee from among themselves.
Explanation:
(a) Provided that no member of the teaching or the non-teaching staff shall be eligible for election to the office of the President or the Vice President of the Committee.
(b) Provided further that from among the teaching and the non-teaching employees, only the head of the institution shall be eligible for election to the office of the Secretary of the Committee.
(c) Provided further that if the head of the institution is not elected Secretary of the Committee, he shall be the Joint Secretary of the Committee.
(ii) Any elected office bearer may be removed from office by a majority of votes. - Meetings and Quorum:
(i) Ordinary Meeting:
An ordinary meeting of the Committee shall be convened by the Secretary at least once in every two months except during a vacation. Not less than 7 (seven) daysâ notice of the meeting shall ordinarily be given.
(ii) Special Meeting:
A special meeting of the Committee shall be convened by the Secretary within a fortnight when a requisition in writing for such a meeting is made by not less than 4 (four) members of the Committee, Not less than 7 (seven) daysâ notice of such a meeting shall be given.
Provided that if the Secretary fails to convene a special meeting, the requisitionists shall refer the matter to the President who shall convene the meeting, and further that in the event of the Presidentâs failure to convene the meeting within 15 (fifteen) days (inclusive of the period of notice of at least seven days) from the date on which the matter is referred to him/her, the requisitionists, being not less than half of the total number of members, shall have the power to convene the meeting with at least 7 (seven) daysâ notice thereof.
(iii) Emergency Meeting:
An emergency meeting of the Committee may be convened, if necessary, by the President, with not less than 24 (twenty four) hoursâ notice thereof, to consider an urgent matter demanding immediate attention.
(iv) In the temporary absence of the Secretary and of the Joint Secretary who is to perform the duties of the Secretaryâ in the latter1 s absence, the President may convene a meeting of the Committee.
(v) Place of Meeting:
All meeting shall be held on the premises of the institution.
(vi) Agenda:
The notice of each meeting of the Committee shall set forth the items of business to be transacted at the meeting, the agenda being drawn up by the Secretary in consultation with the head of the institution and the President. Except with the consent of three-fourths of the members present, no business other than the items on the agenda shall be transacted, provided that no matter involving the appointment or deputation or removal or dismissal of a teaching or a non-teaching employee shall be taken up unless the matter has been placed on the agenda for the meeting issued with the notice and evidence of service of such notice is maintained and preserved for inspection by any member of the Committee or any person authorised by the Director or by the Council.
(vii) President to Chair the Meeting:
The President shall chair the meeting of the Committee. In the absence of the President, the Vice-President, should there be any, shall preside. In the absence of both, the members present shall elect, from amont themselves, the Person who shall preside.
(viii) Casting Votes:
The President of the meeting shall have a casting vote in addition to his ordinary vote, when votes cast by the members present are equally divided.
(ix) Quorum:
Fifty percent of the total number of members shall form a quorum for a meeting of the Committee.
Explanation:
Where the total number of members is an odd one, one shall be added to the total number for determining the number required for a quorum. - Duties of the Secretary and the Joint Secretary:
(i) Under the directions of the Committee the Secretary shall carry on correspondence with the different authorities on behalf of the Committee. He shall also keep a record of the proceedings of meetings in a book maintained for the purpose. The proceedings of each meeting shall be placed for confirmation at the next meeting.
(ii) The Joint Secretary shall perform such duties as may be assigned to him by the Committee and shall perform the duties of the Secretary in the event of continued absence of the latter and during the casual vacancy caused by the latterâs death or resignation or suspension or removal or dismissal.
(iii) Documents:
The Secretary shall be in charge of the invested funds, title deeds and other legal documents belonging to the institution. All papers, documents and accounts shall be kept on the premises of the institution. However, the Committee of an institution not having a pucca building may decide to keep the relevant documents in some other safe place(s) which is