Pre. Haryana Act No. 11 of 1969

Received the assent of the Governor of Haryana on the 23rd February, 1969, and was first published in the Haryana Government Gazette (Extraordinary of the 25th February, 1969.

An Act to provide for the establishment of a Board of School Education in the State of Haryana

Be it enacted by the Legislature of the State of Haryana in the Twentieth Year of the Republic of India as follows :-

S.1 Short title, extent and commencement

(1) This Act may be called the Haryana Board of School Education Act, 1969.

(2) It extends to the whole of the State of Haryana.

(3) It shall come into force on such date as the State Government may, by notification, appoint in this behalf.

S.2 Definitions

In this Act, unless the context otherwise requires, -

(a) "Board" means the Board of School Education, Haryana, established and constituted under Section 3;

(b) "examination" means an examination conducted by the Board;

(c) "institution" means an educational institution imparting school education;

(d) "managing committee" means by managing committee constituted by the foundation society or the Governing body of a recognised institution not owned or controlled by the State Government;

(e) "prescribed" mean prescribed by regulations made under this Act;

(f) "recognised", with its grammatical variations used with reference to institutions, means recognised by the Board for the purpose of admission to the privileges of the Board; and

(g) "school education" means education from the first class to the eleventh class, that

S.3 Establishment and Constitution of Board

(1) On and with effect from the 31st January, 1970, the Board as it existed immediately before such date shall stand dissolved and the State Government shall by notification establish for carrying out the purposes of this Act a new Board to be known as "the Board of School Education, Haryana" with headquarters at such place as the State Government may by notification specify.]

(2) The Board shall be a body corporate with the name aforesaid having perpetual succession and a common seal with power subject to the provisions of this Act, to acquire, hold or dispose of property, and to contract, and may by that name sue and be sued.

(3) The Board shall consist of a Chairman, Vice Chairman and the following other members :-

(a) ex-officio members, namely :-

(i) Director of Public Instruction, Haryana;

(ii) Director of Technical Education, Haryana;

On and with effect from the 31st January, 1970 all assets and liabilities and all property, movable or immovable, and all other rights and interests arising out of such property as were immediately before that date in the ownership, possession, power or control of the Board as it existed immediately before such date shall be transferred to, and shall vest in, the new Board.

S.4 Term of Office

[(1) The term of office of a nominated member shall be three years :

Provided that an outgoing member shall unless the State Government otherwise directs, continue in office until the nomination of his successor is notified]

(2) The term of office of an ex-officio member shall continue so long as he holds the office by virtue of which he is a member.

(3) An outgoing member shall be eligible for being[.. .. .. ..] nominated again.

S.4(a) Chairman, Vice- Chairman and members to held office during pleasure of State Government

Notwithstanding any thing contained in section 3 or section 4 or any other provision of this Act, the Chairman, Vice-Chairman and members of the Board shall hold office during the pleasure of the State Government.

S.5 Vacancies, etc., not to invalidate proceedings of Board

No act done, or proceeding taken, under this Act by the Board shall be invalid merely on the ground :

(a) of any vacancy or defect in the constitution of the Board, or

(b) of any defect or irregularity in [nomination] or co-option of a person acting as a member thereof, or

(c) of any defect or irregularity in such act or proceedings not affecting the merits of the case.

S.6 Disqualifications

A person shall be disqualified for being [nominated] or co-opted, or for continuing, as a member if he, directly or indirectly, by himself or by his partner, -

(a) has any share or interest in any publication prescribed as a text-book of other book of study for use in any High School or Higher Secondary School; or

(b) has any share or interest in any work done for or on behalf of the Board.

S.7 Resignation

A member of the Board may at any time resign his office by a letter addressed to the Chairman of the Board, or, in his absence to the Vice-Chairman of the Board, and the resignation shall take effect from the date on which it is accepted by him.

S.8 Office of certain members to be declared vacant

Where any member -

(a) ceases to have the qualification on the basis of which he becomes such member, or

(b) absents himself, without permission of the Chairman of the Board, from three consecutive meetings thereof,

the Board shall declare his office to be vacant.

S.9 Power to remove members

If, in the opinion of the State Government, the continuance in office of any person as a member is not in the interest of the Board, the State Government may, in consultation with the Board, make an order removing such person from such membership :

Provided that before making such order, the reasons for his proposed removal shall be communicated to him and he shall be given an opportunity of tendering an explanation in writing which shall be duly considered by the State Government.

S.10 Vacancies

(1) If a vacancy occurs in the office of a member of the Board through death, resignation, removal or otherwise, the vacancy shall be filled in the same manner as is provided in section 3.

[(2). Any person nominated to fill the vacancy shall, notwithstanding anything in section 4, hold office only so long as the member in whose place he is nominated would have held office if the vacancy had not occurred].

S.11 Meetings of Board and procedure, thereof

(1) The Board shall meet at least once in every three months at its head quarters or at such other place as the State Government may direct, and the Chairman of the Board shall have power to convene meeting of the Board :

Provided that, where a requisition signed by not less than five members for calling a meeting of the Board and stating the business to be transacted thereat is received by the Chairman of the Board he shall convert such a meeting in accordance with the prescribed procedure.

(2) A copy of the proceedings of every meeting of the Board shall be sent to the State Government as soon as may be after the meeting is held.

(3) The Chairman of the Board and, in his absence, the Vice-Chairman of the Board, and in the absence of both, a person elected by the members from amongst themselves, shall preside at a meeting of the Board.

(4) All questions at a meeting of the Board

S.12 Officers and other employees of Board and their appointment. powers and duties

(1) There shall be the following officers of the Board. namely :-

(a) the Chairman ;

(b) the Vice-Chairman ;

(c) the Secretary ; and

(d) such other officers as may be prescribed.

(2) The Chairman of the Board shall be the administrative head of the Board.

(3) The Chairman of the Board shall exercise all powers necessary and be responsible for carrying out the provisions of this Act and the regulations made thereunder.

(4) The Vice-Chairman of the Board shall exercise and perform such powers, duties and functions as may be entrusted to him by the Board by regulations and shall assist the Chairman of the Board in all the matters for the purpose of carrying out the provisions of this Act and the regulations made thereunder.

[(5) The Secretary of the Board shall be appointed by the State Government

S.13 Powers and functions of Board

Subject to the provisions of this Act, the Board shall exercise and perform the following powers and other functions, namely:-

(1) prescribe the courses of instruction, text-books and other books of study for school education ;

(2) conduct examinations for school education, admit to such examinations, on the prescribed conditions, candidates who pursue the prescribed course of instructions, whether in recognised institutions or otherwise, and demand and receive the prescribed fees ;

(3) publish the results of such examinations, grant certificates and diplomas to persons who have passed such examinations and institute and award scholarships, medals and prized ;

(4) prescribe conditions for recognition of schools and other institutions which send candidates to the examinations conducted by the Board in terms of teachers and their qualifications, curriculum, equipment, buildings and

S.14 Powers of Board to set up committees

(1) The Board may, for the purpose of carrying out the provisions of this Act and the regulations made thereunder, set up such committees as it may think fit or as may be prescribed :

Provided that the Board shall set up a finance committee which shall examine all financial matters pertaining to the Board, including the budget estimates and the annual accounts and balance-sheet.

(2) A committee set up under sub-section (1) shall consist of such number of members, not exceeding the prescribed number, as the Board may, from time to time, decide :

Provided that the member referred to in sub-clause (vi) of clause (a) of sub-section (3) of section 3 shall always be a member of the finance committee :

Provided further that a committee may, subject to the approval of the Board, co opt as member of the committee, not exceeding one-third of the total number of member of the committee, pers

S.15 Constitution of the Board Fund

(1) There shall be constituted a Fund to be known as the "Board Fund" to which shall be credited -

(a) all fees received by the Board and all endowments, donations, grants or contributions made to it by the State Government or by any other Government person, body or authority; and

(b) all moneys received from any other source.

(2) All moneys at the credit of the Board shall be kept in the State bank of India or such other bank as the State Government may specify :

[ Provided that the Board may invest such moneys, as are not required by it for immediate expenditure, in any of the Government securities or grant loan out of them to any Government company as defined in the Companies Act, 1956, and on such terms and conditions, as the State Government may approve in this behalf or place them in the fixed deposit in any bank approved by the State Government.]

(3) S

S.16 Control of State Government over Board

(1) The State Government shall exercise superintendence and control over the Board and its officers and may call for such information as it may deem necessary and, in the event of its being satisfied that the Board is not functioning properly or is abusing its powers or is guilty or corruption or mismanagement, it may, by notification, suspend the Board :

Provided that the Board shall be reconstituted within a period of one year from the date of its suspension.

(2) When the Board is suspended under sub-section (1), the following consequences shall ensue, namely :-

(a) all members of the Board and its committees, including the Chairman and Vice-Chairman thereof, shall, from the date of the notification, vacate their offices ;

(b) all powers , duties and functions, which under the provisions of this Act or any regulation made thereunder, are to be exercised by the Board or any commi

S.17 Powers of State Government to appoint committees

(1) The State Government may at any time appoint a Committee consisting of such number or persons as it may think fit to enquire into and to report on any one or more of the following matters, namely :-

(a) the working of the Board;

(b) the financial position of the Board;

(c) the change to be made in the provisions of this Act or the regulations made thereunder ;

(d) any other mater which the State Government may think fit to refer.

(2) The manner in which a committee appointed under sub section (1) shall hold its meetings and transact its business shall be such as may be determined by the State Government.

(3) The State Government may, after considering the report of the committee, issue such directions to the Board as it may think fit; and the Board shall comply with such directions.

S.18 Delegation

The Board may by regulations made under this Act delegate -

(a) any of its powers, except the powers to make regulations, to any officer or committee of the Board; or

(b) any of the powers vested by this Act in any officer of the Board to any other officer or committee thereof;

and the officer or committee to whom such delegation is made shall also exercise such powers subject to such restrictions and conditions as may be prescribed.

S.19 Powers of Board to make regulations

(1) Subject to the provisions of this Act, the Board may, by notification and with the previous sanction of the State Government, make regulations for carrying out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, the Board may make regulations providing for all or any following matters, namely :

(a) [omitted by Haryana Act 28 of 1970

(b) the manner in which persons shall be co-opted as member under sub-section (6)] of section 3;

(c) the procedure in accordance with which the meetings of the Board shall be convened under sub-section (1) of section 11;

(d) the other officers referred to in clause (d) of sub-section (1) of section 12 which the Board may have and the terms and conditions of service of such officers

(e) the courses of instruction, text-books and other books of stud

S.20 Repeal and savings

As from the date appointed under, sub-section (1) of section 3, the Punjab University Act, 1947, in so far as it is applicable to school education in the State of Haryana shall stand repealed :

Provided that unless and until the State Government otherwise directs, all statutes and regulations made under the Act so repealed appertaining to the system of school education, including the conduct of examinations in respect thereof, which were in force immediately before such repeal, shall continue to be in force, so far as they are not inconsistent with the provisions of this Act, subject to such modifications and adaptations, if any, as may be made therein by the Board and approved by the State Government and shall be deemed to be the regulations made under the corresponding provisions of this Act.