JAMMU AND KASHMIR BOARD OF SCHOOL EDUCATION ACT, 1975
(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.
In this Act unless there is anything repugnant in the subject or context,-
(a) "Board" means the Jammu and Kashmir State Board of School Education established under section 3 ;
(b) "Chairman" means the Chairman of the Board ;
(c) "Elementary Education" means the education imported in a primary school in such subjects and up to such standards as the Government may determine from time to time ;
(d) "Examination" means any examination in general, technical, vocational or special 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
(1) The Government shall, by notification in the Government Gazette, establish a Board of School Education for the State to advise the Government on matters of policy relating to Elementary Education Secondary education and Higher Secondary 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 Board of School Education" and shall have perpetual succession and a common seal and shall have power to acquire, 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 be sued by its corporate name as aforesaid.
The Board shall consist of the following members, namely :-
1. Chairman ;
2. Commissioner Education ;
3. Secretary Education ;
4. Director School Education (Boys) ;
5. Director School Education (Girls) ;
6-7. A representative each of the two Universities of Kashmir and Jammu respectively, to be nominated by the concerned University council.
8-11. 4 school teachers to be nominated by Government, of whom 2 shall be lady teacher concerned with Girls Education and 2 male teachers concerned with Boys Education ;
12. An eminent educationist unconnected with the administration to
(1) Members of the Board, shall hold office for a period of three years from the date of the notification published in the government Gazette 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.
When the term of office of any member has expired, vacancy so caused shall be filled without delay.
If a member of the Board or any committee thereof during the term for which he has been nominated, absent himself without the permission of the Board or the committee, as the case may be, from three consecutive meetings thereof, his office shall thereupon be declared by the Chairman to be vacant.
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.
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.
Subject to the provisions of this Act and also subject to the board 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 institution, 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 examina
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.
(1) The Chairman shall be whole-time paid officer of the Board and he will be appointed by the Government for such term as the Government may determine :
Provided that the person acting a 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.
(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 or decisions of the Board, as he deems necessary.
(4) If, in the opinion of the Chairman, any emergency has arisen which requires that immediate act on should be taken, he shall take such action as he deems necessary and shall thereafter report the action taken to
The Secretary of the Board shall be a 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.
(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 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/officers authorised by him shall under the authority of the Chairman, con
The board shall appoint one or more Joint Secretaries on such terms and conditions and for such period as the Board may deem fit.
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 there are more than one Joint Secretaries the senior-most shall act as the Secretary.
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.
(1) All moneys at the constituted and all sums received by or on behalf of the Board under this Act or otherwise shall be placed to the credit thereof.
(1) All moneys at the credit of the Board Fund except permanent advance require to meet petty expenditure shall be kept in the current or Savings Bank Account with a 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 un-applied income in any of the approved securities or to place on 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 of 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 authorised by the Chairman
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 Act powers are conferred and duties imposed upon by the Board in accordance with the regulations.
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 Government at the end of every year.
All contracts and assurances of property of the Board shall be in writing for and on behalf of the Board and shall be signed by the Secretary or a person authorised by the Board or in such other manner as may be prescribed and shall if so signed, be binding on the Board.
(1) The Board shall appoint the following Committees, 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 preparations of curricula, syllabi and prescription of books for various courses from Class I to XII; and
(f) such other Committees, if any, as may be 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
(a) Recognition Committee. - The Recognition Committee shall scrutinise applications received from schools desiring to be recognised for purposes of an examination or examinations conducted by the Board, call for any information necessary for purposes of 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 purpose, whenever necessary.
(b) Finance Committee-
(i) the Finance Committee shall act as an advisory body in all matters concerning the finances 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 ;
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The other Committees shall exercise such powers and discharge such duties as may be prescribed by regulations.
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.
No act or proceedings of the Board or of a committee appointed by it shall be invalidated merely by reason of a 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.
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 or the Committee.
No member shall take part in the discussion of, or exercise his vote on any matter in which he has any personal interest.
(1) The Government shall have the right to cause an enquiry 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 view with reference to the results of the inspection or enquiry 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 upon the communication received under subsection (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
If any 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 by order do anything which appears to them necessary for the purpose of removing the difficulty.
(1) The Board may make regulations for the purposes of carrying into effect the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing powers, the Board may make regulations providing for the following matters, 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 diploma 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 cour
The first regulation 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 the Secondary Education constituted under the Jammu and Kashmir Secondary Education Act, 1965, shall be acted upon for organising, 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.
A copy, 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.
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.
Notwithstanding anything contained in this Act or the regulations made thereunder, the Board shall provide (for such period as may be prescribed) for the instructions of the students of institutions 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 University or Matriculation or Higher Secondary Education in Secondary Core or 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.
Notwithstanding anything contained in this Act or any regulation made thereunder 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 or 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.
Where any provision of the Act or the regulation refer to any officer 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.
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.
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.
The assets and liabilities of the Board of Secondary education existing immediately before the commencement of the Act shall form the assets and liabilities of the Board constituted under this Act.
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.
(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 deemed to have been done, taken, made or issued under this Act :
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.
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