BIHAR SCHOOL EXAMINATION BOARD ACT, 1952
(1) This Act may be called the Bihar School Examination Board Act, 1952.
(2) It shall extend to the whole of the State of Bihar.
(3) It shall come into force at once.
In this Act, unless there is anything repugnant in the subject or context, -
(a) "Board' means the Bihar School Examination Board established under Section 3;
(b) "Chairman" means the Chairman of the Board;
(c) "Examination Fund' means the Bihar Examination Fund established under Section 11;
(d) "High School" means a recognised school or department of a recognised school imparting instructions in secondary education and recognised as such,
1[* * * * * *]
1. Omitted by Bihar Act 27 of 1976.
(e) "prescribed' means prescribed by rules made by the State Government or by regulation made by the Board under this Act;
&n
(1) There shall be established by the State Government a Board known by the name of the Bihar School Examination Board which shall be a body corporate with perpetual succession and a common seal and shall by that name sue and be sued.
(2) The Board shall have power to acquire and hold property, both movable, and immovable, and subject to the provisions of this Act and the rules made thereunder, to transfer any property held by it and contract to do all other things necessary for the purposes of this Act.
(1) The Board shall consist of. -
2. Subs. by Act 11 of 1960.
(a) the Chairman;
3[(b) the Director of Education (Secondary Education) Bihar Ex-Officio);]
3. Subs. by Act 11 of 1976.
(c) one representative from each of the Universities in Bihar established by law, to be nominated by the State Government;
(d) one Principal of a Training College to be nominated by the State Government.
(2) The State Government may nominate for such period not exceeding the term specified in sub-section (4) as it may think fit, not more than two persons to be members of the Board on the ground that they, in the opinion of the State Gove
(1) The State Government shall appoint the Chairman who shall be a whole-time officer of the Board.
1. Subs. by Act 27 of 1976.
(2) The pay, allowance and other conditions of service of the Chairman sha!1 be such as may be determined by the State Government.
(3) The State Govt. may, by the notification in the official Gazette remove the Chairman if he refuses to act or is unable to act or if he acts in a manner which State Government considers it prejudicial to the interest of the Board:
Provided that before issuing such notification, the State Govt. shall give a reasonable opportunity to the Chairman to show cause why he should not be removed.]
(1) If the Chairman is unable, by reason of his death, resignation or otherwise, to complete his full term, the Director of Education (Secondary Education), Bihar and in case he is unable for any reason to be the Chairman, any other person appointed by the State Government shall carryon the office of the Chairman for the unexpired portion of the term for which the Chairman would have continued in office.
2. Ins. by Act 14 of 1963.
(2) During the temporary absence of the Chairman by reason of leave, illness or any other cause, Director of Education (Secondary Education), Bihar and in case he is unable for any reason to be the Chairman, any other person appointed by the State Government shall carryon the office of the Chairman.]
No act or proceeding of the Board or of any Committee of the Board shall be called in question on the ground merely of the existence of any vacancy in or defect in the constitution of the Board or Committee, as the case may be.
The Board shall, by regulations, prescribe the procedure to be followed in regulating the conduct of business at meeting of the Board or Committees constituted by the Board under this Act.
2[(1) The Board shall be responsible for making all arrangements for the conduct of examination held under this Act, and generally for formulating ways and means for the purposes of improving the machinery for the assessment of the attainments of the students studying in High Schools:
2. Ins. by Act 14 of 1963.
Provided that if the State Government considers grant of autonomous status to any school conducive to enhancement of the standard of education imparted therein it may, by notification in the official Gazette, declare that school to be autonomous and may direct that such school, from such date as is specified in this behalf, conduct its final examination and be responsible for making all arrangements for the same.]
(2) In particular and without prejudice to the generality of the foregoi
(1) A Committee of Courses shall be constituted by the Board for each group of subject and every such committee shall consist of five members who shall be experts in each subject or group of subjects.
(2) Every committee constituted under sub-section (1) shall consist of-
(a) one person to be nominated by the Patna University;
(b) one person to be nominated by the University of Bihar;
(c) two persons to be nominated by the Bihar Board of Secondary Education; and
(d) one person to be nominated by the State Government.
(3) It shall be the duty of the Committee -
1[(a) to recommend to the State Government through the B
.(1) The State Government may, at any time, appoint a Committee consisting of a Chairman and such other members as it may think fit, to enquire and report on any of the following matters :-
4. Subs. by Act 11 of 1960.
(i) the working of the Board;
(ii) the financial position of the Board;
(iii) whether any change should be made in the provisions of the Act;
(iv) such other matter as may be referred to it by the State Government.
(2) The State Government may, after considering the report and recommendation, if any, of the Committee, issue such directions of the Board as it may think fit, and the Board shall comply with the directions.]
The following shall be the officers of the Board namely :-
(1) the Chairman,
(2) the Secretary, and
(3) such other officers as may be prescribed by rules made under this Act to be officers of the Board.
(1) It shall be the duty of the Chairman to see that this Act and the rules and regulations made thereunder are faithfully observed and he shall have all powers necessary for this purpose.
(2) The Chairman shall have power to convene meetings of the Board.
(3) In any emergency arising out of the administrative business of the Board, which, in the opinion of the Chairman, requires that immediate action should be taken, the Chairman shall take such action as he deems necessary, and shall thereafter report the action by him to the Board at its next meeting.
(4) The Chairman shall exercise such other powers as may be prescribed by the rules.
Appointment of Secretary and his removal. - (1) The State Government shall appoint one of its officers, possessing such qualifications and on such terms and conditions and for such period as may be prescribed, to be the wholetime Secretary of the Board.
1. Subs. by Act 27 of 1976.
(2) The State Government may remove the Secretary, at any time if he refuses to act or is unable to act or acts in a manner which the State Government considers prejudicial to the interest of the Board:
Provided that before passing such orders of removal the State Government. shall give a reasonable opportunity to the Secretary to show cause why he Should not be removed.]
(1) The Secretary shall; subject to the control of the Board, be the administrative officer of the Board. He shall be responsible for the presentation of the annual estimates and statement of accounts.
(2) He shall be responsible for seeing that all moneys are expended on the purpose for which they are granted or allotted.
(3) He shall be responsible for keeping the minutes of the Board.
(4) He shall exercise such other powers as may be prescribed by the regulations.
(5) He shall be entitled to be present and to speak at any meeting of the Board, but shall not be entitled to vote thereat.
(1) If in the opinion of the State Government the Board is unable to perform the duties imposed upon it by or under the Act or has repeatedly failed in its performance or has not complied with the directions issued under sub-section (3) of Section 7 A by the State Government or has acted beyond its power or has abused its powers, the State Government may by notification in the official gazette supersede the Board for such period which may be specified in the notification:
2. Ins. by ibid.
Provided that before issuing notification under this sub-section, the State Government shall give reasonable opportunity to the Board to show cause why it should not be superseded and shall consider the explanations and objections if any, of the Board.
(2) Upon the publication of the notification under sub-se
(1) There shall be established for the Board a fund to be called the Bihar School Examination Fund which shall be vested in the Board for the purposes of this Act subject to the provision therein contained.
(2) There shall be placed to the credit of the Examination Fund: -
(a) all sums alloted to the Board from the Consolidate Fund of the State of Bihar by the State Government and all sums borrowed by the Board for the purposes of carrying out the provisions of this Act and the rules and regulations made thereunder;
(b) all money received by or on behalf of the Board including all fees payable and levied under any provisions of this Act and the rules and the regulations made thereunder; and
(c) all other sums received by the Board, not included in
The Examination Fund shall be applicable to the following objects: -
(a) to the repayment of debts incurred by the Board for the purpose of this Act and the rules and regulations made thereunder;
(b) to the payment of the salaries and allowances of the officers and servants of the Board;
(c) to the payment of the travelling and other allowances of the members of the Board and the Committees of Courses;
(d) to the payment of the expenses incurred in conducting the examinations and performing the functions entrusted to the Board under this Act and the rules and regulations made thereunder;
(e) to the payment of the costs of the Examination Fund;
1[(f) to the pa
The accounts of the Board be subject to audit under the Bihar and Orissa Local Audit Act, 1925 (B. & O. Act II of 1925), and for the purposes of the said Act, the Board shall be deemed to be a local authority whose accounts have been declared by the State Government to be subject to audit under Section 3 of the said Act and the Examination Fund shall be deemed to be a local fund.
1[The Board shall conduct an examination to be called the Secondary School Examination at which may be allowed to appear all such candidates as shall have completed the prescribed course of studies taught at the secondary stage in High Schools and notwithstanding anything contained in any law, a student who has passed the said examination shall be eligible for enrolment as a student of Patna University or University of the Bihar or any other University incorporated by any law for the time being in force subject to the fulfilment of such conditions as may be prescribed by the Statutes, Ordinances and Regulations made by the Universities concerned under the law of their incorporation :]
1. Subs. by Act 27 of 1976.
Provided that the Secondary School Examination to be held during the year 1952 shall be conducted by the Board in accordance
The Secondary School Examination to be conducted by the Board during the year 1954 and thereafter shall aim at testing the training of the candidates as useful citizens of the Indian Union. Their qualifications and preparedness for absorption in different vocations of services and their suitability for receiving University education.]
1. Subs. by Act 27 of 1976.
(1) The State Government may by notification, and after previous publication, make rules for carrying out the purposes and objects of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, the State Government may make rules :-
(a) prescribing the qualifications of the Secretary to the Board and terms and conditions on which he may be appointed;
(b) prescribing the academic and vocational standards for examinations;
(c) prescribing the instructions to be given to the Bihar Text-Book Committee for the preparation of text books;
(d) prescribing the departmental examinations to be conducted by Board and the duties to be performed by it, other than the duties specified in
The Board may, after previous publication and subject to confirmation by the State Government, make regulations consistent with this Act and the rules made thereunder to provide for all or any of the following matters, namely : -
(a) the procedure to be followed in regulating the conduct of business at meeting of the Board and Committees constituted by it under the Act;
(b) the conditions under which students shall be admitted to the examination of the Board;
(c) the fees to be charged for admission to the examination of the Board;
(d) the condition and mode of appointment and duties of examiners and the conduct of examinations;
(e) the powers to be exercised by the Secretary under sub-section (4) of Sec
Until such time as the Board makes regulations under the appropriate provisions of this Act, any regulations made under the Patna University Act, 1917 (XVI of 1917), appertaining to the conduct of the Matriculation Examination which were in force immediately before the said Act ceased to be in force, 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,
(1) The Bihar School Examination Board Ordinance, 1952 (Bihar Ordinance 1 of 1952), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action take in exercise of any power conferred by or under the said Ordinance shall be deemed to have been done or taken in the exercise of powers conferred by or under this Act, as if this Act were in force on the day on which such thing or action was done or taken.
Board shall take over all the assets and properties of Bihar Intermediate Education Council, whether movable or immovable including lands, building, stores, vehicles, cash balance, reserve fund, investments, furniture and others, and all liabilities shall stand transferred to and vested on, and be deemed to have come in the possession of the Board. All the liabilities and obligations of the council under any agreement or contract entered into bona fide before the commencement of this Act, shall devolve and shall be deemed to have been devolved on the Board.
Board may cancel or vary any contract or agreement entered into any time before the' commencement of this Act between the Bihar Intermediate Education Council and any person if it is satisfied that such contract or agreement were mala fide, and had been entered into in bad faith and was detrimental to the interest of the Council.
The Government shall have the authority to issue such orders/directions which is deemed expedient, with a view to carry out objectives of the Act and in case any difficulty arises State Government may issue orders/directions for removal thereof which shall be binding on the Board.]
These Rules may be called the Bihar School Examination Board Rules, 1963.
In these rules, unless there is anything repugnant in the subject or context :
(a) "The Act" means the Bihar School Examination Board Act, 1952 (Bihar Act VII of 1952);
(b) "Section" means a section of the Act;
(c) Words and expressions used in these Rules but not defined herein shall have the meanings assigned to them in the Act.
Under the proviso to clause (c) of sub-section (1) of Section 4 of the Act, following shall be the order of rotation of the Universities to be represented on the Board:
1. Subs. by Notification No. 1/B 9-16/76 E-89, dated 5.5.1976
(a) Patna University;
(b) Magadh University;
(c) Bihar University;
(d) Lalit Narayan Mithila University;
(e) Ranchi University;
(f) Bhagalpur University;
(g) Kameshwar Singh Sanskrit University.]
The appointment of the Secretary to the Board, who shall be a whole time officer shall be made by the State Government from amongst their officers belonging to the cadre of Class I of the Bihar Education Service, possessing at least five years of teaching, inspecting or administrative experience.
(2) The term of office of the Secretary shall be of three years, on the expiry of which he shall be eligible for re-appointment to that office for further periods not exceeding three years in aggregate:
Provided that the officer, so appointed, shall cease to hold office on reaching the age of superannuation, unless he is granted re-employment by the State Government.
(3) In addition to the pay and allowances, admissible to him as a member of Class I of the Bihar Education Service, the Secretary shall
(1) The academic and vocational standards for the examinations, conducted by the Board, shall conform to the content and standards of attainment, specified in the curricula approved by the State Government and to the instruction regarding methods of teaching and evaluation issued by them from time to time.
(ii) With the prior approval of the State Government the Board shall frame regulations determining levels of pass marks and marks for divisions and for the moderation of results of examinations conducted by the Board. All variations in these regulations shall require approval of the State Government.
(1) The Committee of Courses shall subject to the approval of the Director of Public Instruction, Bihar specify the content, presentations, illustrations etc. for the text book to be prepared by the Text Book Committee in the subject or group of subjects, as the case may be.
(2) The Director of Public Instruction, Bihar, may require a Committee of Courses to examine and express its view on the manuscript of any text book before it is accepted for publication and may also require it to offer its comments on any proposal for revision of the existing text book on the subject or group of subjects.
(1) The Board shall on such terms and conditions as may be laid down by the State Government conduct the following Departmental Examinations namely:
(a) Certificate in Social Education,
(b) Diploma in Physical Education,
(c) Certificate in Physical Education,
(d) Short Training Course in Physical Education,
(e) Primary Training Course in Physical Education, and
(f) Training School Examination:
Provided that the State Govt. may, by notification in the Official Gazette authorise the Board to conduct such other departmental examinations not specified or withdraw the authority given to the Board to conduct any of ex
The officers bearing the following designations employed under the Board, shall also be deemed to be officer of the Board within the meaning of clause (3) of Section 8, of the Act namely:
(1) Deputy Secretary,
(2) Budget and Accounts Officer,
(3) Assistant Secretary,
(4) Assistant Budget and Accounts Officer,
(5) Audit Officer.
1[(1) the Board shall be competent to create such posts of officers and other employees as may be determined by it, provided that no post the maximum remunerations of which exceeds 2[Rs. 745/- per month, shall be created by the Board, without prior approval of the State Government.
1. Subs. by Notification No. 1/8 9-16/76 E-89, dated 5.5.1976.
2. Now see New Pay Scale.
(2) Subject to such regulations as are made by it, the Board shall make appointment to the posts of officers of the Board.
(3) The Board shall exercise full administrative and disciplinary control on the officers and staff appointed by it.
In addition to the powers and duties conferred upon him by sub-section (1) to (3) of Section 9, of the Act, the Chairman shall be the principal executive officer of the Board and shall, subject to such regulations as are made by the Board, exercise the following powers: -
(1) He shall decide doubtful cases of admission of the candidates to examinations in conformity with the Regulations and shall report the action taken by him to the Board at its next meeting.
(2) He shall sanction travelling allowance to himself, to the members of the Board and to the Secretary and other officers of the Board.
(3) He shall sanction expenditure within the provision sanctioned by the Board, provided that expenditure on examination contingencies, exceeding rupees five thousand, and other contingencies, exceedin
The Board shall in the manner provided in Section 17 of the Act, make regulations providing inter alia for the following matters, namely :-
(1) Pay scale and other conditions of service of the officer (other than the Chairman and the Secretary) and staff of the Board.
(2) Eligibility of persons for appointment to different posts under the Board (except those of the Chairman and Secretary).
(3) Procedure to be followed for taking disciplinary action against officers and staff of the Board (except the Chairman and the Secretary).
(4) Grant of leave of different kinds to the employees of the Board.
(5) Payment of overtime allowance payable to the employees of the Board.
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