Department: School Education
Subject:
West Bengal Board of Secondary Education Act, 1963
West Bengal Act V of 1963
THE WEST BENGAL BOARD OF SECONDARY EDUCATION ACT, 1963.
An Act to establish a Board of Secondary Education in the State of West Bengal, to define the powers and functions of such Board and to provide for certain other matters connected therewith.
CONTENTS.
CHAPTER I.
Preliminary.
Section.
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II.
The Board.
3. Establishment and incorporation of the West Bengal Board of Secondary Education.
4. Composition of the Board.
5. Appointment in default of election.
6. Publication of the names of elected, nominated or appointed members of the Board,
7. Term of office of elected, nominated or appointed member of the Board. 8. Casual vacancies.
9. Appointment, term of office, salary and allowances of the President.
10. Temporary and acting arrangement for the office of the President.
11. Disqualifications for membership.
12. Disputes relating to the eligibility or the manner of election of members.
13. Resignation and removal of members.
14. Conduct of meetings.
15. Restriction on voting.
16. Persons in the service of the Board.
17. Travelling allowance.
CHAPTER III.
Committees and Regional Examination Councils.
18. Committees.
19. Recognition Committee.
19A. Executive Committee.
20. Syllabus Committee.
21. Examination Committee.
22. Appeal Committee.
23. Finance Committee.
24. Other Committees,
25. Regional Council.
CHAPTER IV.
Powers and Functions of the Board and President.
Section.
27. Powers and duties of the Board.
28. Powers and duties of President.
CHAPTER V.
Meetings.
29. Meetings of the Board and the Executive Committee.
30. Meetings of Committees and Regional Councils.
CHAPTER VI.
Finance and Audit.
31. Annual report and budget estimate.
32. Payment to the Board by the State Government.
33. West Bengal Board of Secondary Education Fund.
34. Application of the West Bengal Board of Secondary Education Fund.
35. Accounts.
36. Audit.
37. Audit report.
CHAPTER VII.
Supplemental Provisions.
38. Board to furnish information.
39. Power of State Government to suspend proceedings.
40. Certain persons to be deemed to be public servants.
41 Indemnity.
42. Power of Tribunals.
43. Savings.
44. Transitory provisions.
45. Power of State Government to make rules.
46. Repeal and continuance.
47. Board to be guided by directions of the State Government.
48. Power to remove difficulties.
49. Supersession of the Board.
50. Consequences of supersession.
51. Board to continue as a body corporate.
52. Re-establishment of the Board.
It is hereby enacted in the Fourteenth Year of the Republic of India, by the Legislature of West Bengal, as follows:-
CHAPTER I.
Preliminary.
1. Short title, extent and commencement
(1) This Act may be called the West Bengal Board of Secondary Education Act, 1963.
(2) It extends to the whole of West Bengal:
Provided that any institution situated in any other State or in any Union Territory may also, with the sanction of the Government of such State or Union Territory, as the ease may be, apply to the Board for recognition and the Board may, subject to such conditions or restrictions as it may, with the approval of the State Government, think fit to impose, grant recognition to such institution.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions.
In this Act, unless the context otherwise requires,-
(a) âBoardâ means the West Bengal Board of Secondary Education establishment under this Act;
(aa) âby-lawâ means a by-law made by the Executive Committee under this Act;
(b) âHead of Institutionâ means the head of the teaching staff of an Institution, by whatever name she or he may be designaled;
(c) âInstitutionâ means a Secondary School or an educational Institution or part or department of such school or Institution imparting instruction in Secondary Education;
(d) âManaging Committeeâ used in reference to an Institution includes the Governor or the Governing Body of such an Institution;
(e) ânotificationâ means a notification published in the Official Gazette;
(f) âprescribedâ means prescribed by rules made under this Act;
(g) âPresidentâ means the President of the Board;
(h) âPrimary Educationâ means education imparted in a primary school as defined in any Bengal Act or West Bengal Act or education equivalent thereto;
(i) ârecognisedâ with its grammatical variations, used with reference to Institutions, means recognised under this Act or within the meaning of the West Bengal Secondary Education Act, 1950;
(j) âregulationâ means a regulation made by the Board under this Act;
(k) âruleâ means a rule made by the State Government under this Act;
(l) âSecondary Educationâ means general education above the primary education stage provided for students with a view to qualifying them for admission to a certificate, 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,-
(i) technical education,
(ii) agricultural education,
(iii) commercial education,
(iv) education for the physically handicapped,
(v) education for the mentally retarded and defectives,
(vi) education in Reformatory schools and jails,
(vii) any other types of education which the State Government may, in consultation with the Board, specify.
CHAPTER II.
The Board.
3. Establishment and incorporation of the West Bengal Board of Secondary Education.
(1) The State Government shall, as soon as may be after this Act comes into force, establish a Board named the West Bengal Board of Secondary Education.
(3) The Board 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 Board.
The Board shall consist of the following members:-
(1) the President;
(2) the President of the West Bengal Council of Higher Secondary Education, ex officio;
(3) the Director of School Education, Government of West Bengal, ex officio;
(5) the Director of Technical Education, Government of West Bengal, ex officio;
(6) the Deputy Director of Secondary Education (for women), Government of West Bengal, ex officio;
(7) the Deputy Director of Secondary Education (I), Government of West Bengal, ex officio;
(8) two persons elected in the manner prescribed from amongst the teaching staff of training colleges for teachers of Secondary Schools affiliated to or recognised by any of the Universities in West Bengal;
(9) the Dean of the Faculty of Arts and the Dean of the Faculty of Science of the Calcutta University, ex officio;
(10) the Dean of the Faculty of Engineering and Technology, Jadavpur University, ex officio;
(11) the Adhyaksha, Kala Bhabari, Viswa Bharati, Saniiniketan, ex officio;
(12) a Dean nominated by each of the Universities of Burdwan, Kalyani and North Bengal and the Bidhan Chandra Krishi Viswa Vidyalaya;
(13) one person nominated by the Madrasha Education Board from amongst the members of the Madrasha Education Board;
(14) (a) two heads of recognised Secondary Schools nominated by the State Government,
(b) thirty-four whole-time and permanent teachers of recognised secondary schools, whose appointment has been approved in accordance with the rules and of whom one shall be from the hill areas, elected in the manner prescribed.
Explanation.-âHill areasâ shall have the same meaning as in the Darjeeling Gorkha Hill Council Act, 1988;
(c) three whole-time and permanent members of the non-teaching staff of recognised Secondary Schools, elected in the manner prescribed, of whom-
(a) one shall be from the Presidency Division,
(b) one shall be from the Burdwan Division, and
(c) one shall be from the Jalpaiguri Division;
(15) Two representatives of the West Bengal Legislative Assembly selected in the manner prescribed;
(16) five persons interested in education nominated by the State Government, one of whom shall be a woman and at least one shall be a member of the Managing Committee of a recognised Institution;
(17) one person elected by the employees of the Board from amongst themselves in the manner provided by regulations; and
(18) (a) one whole time and permanent member of the teaching staff of primary schools recognised by the District School Board or the Director of Public Instruction or the Director of Primary Education, nominated by the State Government;
(b) one whole time and permanent member of the leaching staff or colleges affiliated to any of the Universities in West Bengal nominated by the State Government.
5. Appointment in default in election.
(1) If by such date as may be prescribed any of the authorities, other than the State Government, fails to elect or nominate a member or members as provided in section 4, the State Government shall appoint member or members qualified for election or nomination by such authority:
Provided that in the case of the State Legislative Assembly in the said Assembly has been dissolved, the State Government shall appoint a suitable person to be a member to hold office until the said Assembly is reconstituted and a representative is elected by the members thereof.
(2) A person appointed under this section shall be deemed to be a member of the Board duly elected or nominated under section 4.
6. Publication of the names of elected, nominated or appointed members of the Board.
The name of every person elected or nominated under section 4 or appointed under section 5 as a member of the Board shall be published in the Official Gazette as soon as may be after his election or nomination or appointment, as the case may be.
7. Term of office of elected, nominated or appointed member of the Board.
(1) Subject to the provisions of this Act, an elected, nominated or appointed member of the Board shall hold office for a term of five years from the dale on which his name is published under section 6, and may, on expiration of such term, be re-elected, re-nominated or reappointed.
(2) Notwithstanding the expiration of the term of fivt years specified in sub-section (1), an elected, nominated or appointed member of the Board shall continue to hold office until the vacancy caused by the expiration of the said term has been filled in accordance with the provisions of this Act.
8. Casual vacancies.
If any member dies or resigns his office or ceases to be a member for any other reason the vacancy shall be filled up by a fresh nomination or election under section 4 and the member so nominated or elected shall hold office for the unexpired portion of the term of the member whose place he fills.
9. Appointment, term of office, salary and allowances of the President.
(1) The President shall be appointed by the State Government.
(2) The lerm of office of the President shall be five years from the date of his appointment.
(3) The President shall cease to hold office if at any time he becomes subject to any of the disqualifications referred to in sub-section (1) of section 11.
(4) The President may resign his office by giving nolice in writing to the State Government.
(5) The President shall receive such salary and allowances, if any, From the West Bengal Board of Secondary Education Fund as the State Government may determine.
10. Temporary and acting arrangement for the office of the President.
(1) If the President dies or resigns his office or ceases to hold office or is temporarily absent the State Government shall authorise a member of the Board 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.
(2) A President appointed to fill a casual vacancy, under sub-section (I), shall hold office for the unexpired portion of the term of the President whose place he fills.
11. Disqualifications for membership.
(1) A person shall be disqualified for being elected, nominated or appointed a member of the Board 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 or 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 Board or published by or under the authority of the Board, or
(ii) has any interest in any work done by order or, or in any contract entered into on behalf of, the Board:
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 Ihc dale of the publication or republication of such text-book.
(2) If an elected, nominated or appointed member of the Board becomes after his election, nomination or appointment, as the case may he, subject to any of the disqualifications specified in sub-section (I), his membership shall thereupon cease with effect from such date as the State Government may direct.
12. Disputes relating to the eligibility or the manner of election of members.
(1) If any question arises relating to-
(i) the eligibility of any person for election as a member of the Board, of any Committee or of a Regional Council under this Act, or
(ii) the manner in which any such election has been held, or
(iii) the disqualification of any member of the Boned, of any Committee or of a Regional Council continuing as such member, such question shall be referred for decision to a Tribunal consisting of a Judicial Officer not below the rank of a District Judge or an Additional District Judge, appointed by the State Government.
(2) The procedure to be followed by the Tribunal shall be such as may be prescribed.
(3) The decision of the Tribunal under sub-section (I) shall be final and no suit or proceeding shall tie in any Civil or Criminal Court in respect of any matter which has been or may be referred to, or has been decided by, the Tribunal under that sub-section.
13. Resignation and removal of members.
(1) An elected, nominated or appointed member of the Board may resign his seat by giving notice in writing to the President, and when such resignation is accepted by the Board, such member shall be deemed to have vacated his seat.
(2) The State Government may, by notification, and after giving the member concerned an opportunity of being heard, remove any elected, nominated or appointed member of the Board if, without obtaining the consent of the President, he is absent from three consecutive meetings of the Board.
14. Conduct of meeting
The President, or in his absence, one of the members of the Board elected from amongst those present, shall preside at meetings of the Board, 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.
15. Restriction on voting.
(1) No member of the Board shall vote on any mailer in which he has any personal or pecuniary interest or if it relates to any Institution of which he is cither a teacher ora member or the Managing Committee.
(2) The President or the member presiding at a meeting of the Board shall decide any question arising under sub-section (I) and his decision thereon shall be final.
16. Provosions in the service of the Board.
(1) The Board shall have a Secretary who shall be appointed by the State Government.
(2) The Board may appoint such other officers and servants as it considers necessary for carrying out the purposes of this Act.
(3) The method of recruitment and the conditions of service (including the scales of pay and allowances, if any) shall,-
(a) as respects the Secretary, be such as may be prescribed, and
(b) as respects the other officers and servants, be such as may, subject to the approval of the State Government, be determined by regulations published in the Official Gazette.
(3A) Anything done or any action taken under sub-section (3) before the publication of the West Bengal Board of Secondary Education (Amendment) Act, 1990, in the Official Gazette, shall be deemed to have been validly done or taken under sub-section (3) as amended by the West Bengal Board of Secondary Education (Amendment) Act, 1990, as if the West Bengal Board of Secondary Education (Amendment) Act, 1990, were in force when such thing done or such action was taken.
(4) Subject to the general control and supervision of the President the Secretary shall be the principal administrative officer of the Board. He shall be entitled to attend and speak at any meetings of the Board, but shall not be entitled t0 vote.
17. Travelling Allowance.
Such members of the Board or of any Committee, Sub-Committee or Council constituted under this Act as are not in the service of the State Government, shall, in respect of expenses incurred by them in attending meetings of the Board, or of any such Committee, Sub-Committee or Council, or in exercising any powers or performing any duties conferred or imposed upon them by or under this Act, be paid by the Board such allowances and at such rates as may be prescribed.
CHAPTER III.
Committees and Regional Councils.
18. Committees.
As soon as may be after the Board is established the Board shall constitute the following Committees, namely:-
(a) the Recognition Committee;
(aa) the Executive Committee;
(b) the Syllabus Committee;
(c) the Examination Committee;
(d) the Appeal Committee;
(e) the Finance Committee.
19. Recognition
(1) The Recognition Committee shall consist of the following members:-
(a) the President;
(b) the Director of School Education, Government of West Bengal, ex officio;
(c) four persons elected by the Board in the manner provided by regulations from amongst the members referred to in clause (14), clause (15) and clause (16) of section 4;
(d) the Deputy Director of Secondary Education (for women), Government of West Bengal, ex officio; and
(e) the Deputy Director of Secondary Education (I), Government of West Bengal, ex officio.
(2) The President shall be the Chairman of the Recognition Committee and the Secretary to the Board shall be the Secretory to the said Committee.
(3) It shall be the duty of the Recognition Committee to advise the Executive Committee on all matters concerning the recognition of Institutions and the Executive Committee shall not accord recognition to any Institution except on the recommendation of the Recognition Committee.
19A. Executive Committee.
(1) The Executive Committee shall consist of the following members:-
(a) the President;
(aa) the President, West Bengal Council of Higher Secondary Education, ex officio;
(b) the Director of School Education, Government of West Bengal, ex officio;
(d) the Deputy Director of Secondary Education (I), Government of West Bengal, ex officio;
(e) the Deputy Director of Secondary Education (for Women), Government of West Bengal, ex officio;
(f) five persons elected by the Board in the manner provided by regulations from amongst the members referred to in clauses (8), (9), (10), (II) and (12) of section 4;
(g) five persons electe