WEST BENGAL BOARD OF SECONDARY EDUCATION ACT, 1963
(1) This Act may be called the West Bengal Board of Secondary Education Act, 1963.
(2) It extends to the whole of West Bengal:
11. Proviso added by W. B. Act 9 of 1977. Provided that any institution situated in any other State or in any Union Territory may also, with the samction of the Government of such State or Union Territory, as the case 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 that State Government may, by notification in the Off
In this Act, unless the context otherwise requires,
(a) "Board'' means the West Bengal Board of Secondary Education established under this Act; 22. This clause ins. by W. B. Act 32 of 1979. (aa) "by-law" means a by-law made by the Executive Committee under this Act;
(B) "Head of Institution" means the head of the teaching staff of an Institution, by whatever name he or she may be designated ;
33. This clause subs, by W. B. Act 32 of 1979. (c) "Institution" means a Secondary School or an educational Instutition or part or department of such school or Institution imparting instruction in Secondary Education ;
(d
(1) The State Government shall, as soon as
(2) 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.
The Board shal consist of the following members:
(1) the President;
(2) the President of the West Bengal Council of Higher Secondary Education, ex officio;
55. Clause (3) subs, by W. B. Act 10 of 1984. (3) the Director of School Education, Government of West Bengal, ex officio ;
66. Clause (4) om. by W. B. Act 10 of 1984. (4)* * * * * * *
(5) the Director of Technical Education, Government of West Bengal, ex officio;
(6) the Depu
(1) If by such date as may be prescribed any of the authorities, other than 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 of nomination by such authority:
Provided that in the case of the State Legislative Assembly if 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 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.
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.
(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 date on which his name is published under section 6, and may, on expiration of such term, be re-elected, re-nominated or re-appointed.
(2) Notwithstanding the expiration of the term of five 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 filed in accordance with the provisions of this Act.
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.
(1) The President shall be appointed by the State Government.
99. At first sub-sec. (2) subs, by W. B. Act 37 of 1963. thereafter finally this sub-sec, subs, by W. B. Act 24 of 1994. (2) The term 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 notice in writing to the State Government.
(5) The President shall receive such salary
(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 (1), shall hold office for the unexpired portion of the term of the President whose place he fills.
(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 an offence involving moral turpitude, unless
(i) such disqulification is condoned by the State Government, or
(ii) the term of his sentence of imprisonment, or a
(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 10[Kegional 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 Board, of any Committee or of a 10[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.
(1) An elected, nominated or appointed member of the Board may resign his seat by giving notice in wirting 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.
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.
(1) No member of the Board shall vote on any matter in which he has any personal or pecuniary interest or if it relates to any Institution of which he is either a teacher or a member of the Managing Committee.
(2) The President or the member presiding at a meeting of the Board shall decide any question arising under sub-section (1) and his decision thereon shall be final.
(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.
1111. Sub-sec. (3) subs, by W. B. Act 20 of 1990. (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
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 ct, be paid by the Board such allowances and at such rates as may be prescribed.
As soon as may be after the Board is established the Board shall constitute the following Committees, namely :
(a) the Recognition Committee;
1414. Clause (aa) ins by W. B. Act 32 of 1979. (aa) the Executive Committee;
(b) the Syllabus Committee;
(c) the Examinations Committee;
(d) the Appeal Committee;
(e) the Finance Committee.
Sub-sec. (1) subs, by W. B. Act 32 of 1979. (1) The Recognition Committee shall consist of the following members:
(a) the President;
1616. Clause (b) subs, by W. B. Act 10 of 1984. (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.
&
Sec. 19A ins. by W. B. Act 32 of 1979.
(1) The Executive Committee shall consist of the following members:
(a) the President;
1919. Clause (ad) ins. by W. B. Act 13 of 1982. (aa) the President, West Bengal Council of Higher Secondary Education, ex officio;
(b) the Director of Secondary Education, Government of West Bengal, ex officio;
(c) the Director of Primary 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), Governmen
3131. Sub-sec. (1) subs, by W. B. Act 32 of 1979. (1) The Syllabus Committee shall consist of the following members:
(a) the President;
3232. Clause (aa) ins. by W. B. Act 13 of 1982. (aa) the President, West Bengal Council of Higher Secondary Education, ex officio,
(b) the Dean of the Faculty of Arts of the University of Calcutta, ex officio ;
(c) the Dean of the Faculty of Science of the University of Calcutta, ex officio;
(d) a Dean nominated by each of the Universities of Burdwan, Kalyani and North Bengal;
(e) the Dean of the Faculty of Engineering, Jadavpur University, ex officio;
&
Sub-sec. (1) subs, by W. B. Act 32 of 1979. (1) The Examinations Committee shall consist of the following members:
(a) the President;
35a(b) the Director of School Education, Government of West Bengal, ex officio;
(c) one person nominated by the State Government from amongst the members of the Board referred to in clauses (9), (10), (11) and (12) of section 4;
(d) one person elected by the Board in the manner provided by regulations from amongst the members referred to in clauses (9), (10), (11) and (12) of section 4;
(e) the Director of Technical Education, Government of West Bengal, ex officio; and
(f) the Deput
38(1) The Appeal Committee shall consist of the following members:
(a) three persons elected by the Board in the manner provided by regulations from amongst the members referred to in clause (14) of section 4;
39(b) a person, who is or has been a member of the judicial service of the State Government, nominated by the State Government;
40(c) the Director of School Education, Government of West Bengal, ex afficio;
(d) a member of a managing committee of a recognised Institution nominated by the President.
(2) 4141. Words subs, by W. B. Act 32 of 1979. [The person referred to in clause (b) of sub-section (1)] shal
(1) The Finance Committee shall consist of the following members:
(a) the President;
44(b) the Director of School Education, Government of West Bengal, ex officio;
(c) two members of the Board elected by the Board in the manner provided by regulations; and
(d) one person having knowledge of, or experience in, financial matters, appointed by the State Government.
(2) The President shall be the Chairman of the Finance Committee and the Secretary to the Board shall be the Secretary to the said Committee.
(3) It shall be the
(1) The Board may, with the approval of the State Government, constitute such other Committee or Committees as it may think fit and any such Committee may be composed wholly or in part of members of the Board.
(2) The Board may, with the approval of the State Government, delegate to any such Committee any of its powers or functions and may in like manner, withdraw from, it any such, power or function.
Sec. 25 subs, by W. B. Act 13 of 1982.
(1) The Board may, with the approval of the State Government, constitute such Regional Council or Councils as it may deem fit. The number, composition and territorial jurisdiction of a Regional Council shall be determined by the Board with the approval of the State Government.
(2) The Board may, with the approval of the State Government, delegate to a Regional Council such powers or duties of the Board, the Executive Committee or the Examinations Committee, conferred or imposed by or under this Act, except those referred to in clause (b) of sub-section (3), clause (b) of sub-section (4), and sub-section (5), of section 21, as it may deem fit, and may at any time withdraw from such Regional Council the powers or duties so delegated and dissolve the Regi
(1) An elected, nominated or appointed member of any Committee or Council constituted under this Act, who is also a member of the Board, shall continue to hold office until he ceases to be a member of the Board.
(2) An elected, nominated or appointed member of any Committee or Council constituted under this Act, who is not a member of the Board, shall hold office for such term as may be 46[specified by the Board,] and may on expiration of such term be re-elected, re-nominated or re-appointed:
Provided that, notwithstanding the expiration of the said term, an elected, nominated or appointed member of a Committee or Council shall continue to hold office until the vacancy caused by the expiration of the said term has been filled in accordance with
Words subs, by W. B. Act 32 of 1979.
(1) It shall be the duty of the Board to advise the State Government on all matters relating to Secondary Education referred to it by the State Government.
(2) Subject to any general or special orders of the State Government, the provisions of this Act and any rules made thereunder, the Board shall have generally. the power to direct, supervise and control Secondary Education, and in particular the power
5050. Present clauses (a) to (i) subs, for previous clauses (a) to (m) subs, by W. B. Act 32 of 1979. (a) to lay down the general policy for development of Secondary Education in West Bengal ;
5050. Present clauses (a)
(1) The President shall be responsible for carrying out and giving effect to the decisions of the Board and of any Committee or Council constituted under this Act.
5656. Sub-sec. (2) subs, by W. B. Act 32 of 1979. (2) The President may, in any emergency, exercise any of the powers of the Board or the Executive Committee provided however that he shall not act contrary to any decision of the Board or the Executive Committee and shall, as soon thereafter as may be, place a full report before the Board or the Executive Committee as the case may be, of the action taken by him stating reasons therefor.
(3) The President shall
(a) exercise general supervision o
5858. Words ins. by W. B. Act 32 of 1979. [and the Executive Committee].
(1) The annual meeting of the Board shall be held in the month of July in each year.
5959. Sub-sec. (2) subs, by W. B. Act 32 of 1979. (2) The Board shall meet at such other times, not less than twice a year, as may be appointed by the President on the advice of the Executive Committee.
(3) The President shall, except in the case of an emergency meeting referred to in sub-section (6), give to each member not less than seven days' notice of each meeting including the annual or a special meeting:
Provided that the President shall, on recei
6565. Words subs, by W. B. Act 32 of 1979. .The Board shall make regulations relating to meetings of 62[any Committee other than the Executive Committee] or of any 6565. Words subs, by W. B. Act 32 of 1979. [Regional Council] constituted by it and the procedure to be followed at such meetings.
(1) The President shall place before the annual meeting of the Board held in the year following the year in which it is constituted and before every annual meeting thereafter a report on the working of the Board during the last preceding financial year 6666. Words om. by W. B. Act 15 of 1986. [* * *].
(2) The report shall be forwarded to the State Government within one month of the presentation thereof before the annual meeting of the Board together with such comments thereon as the Board may think fit to make.
6767. Sub-sec. (3) subs, by W. B. Act 15 of 1986. (3)
(a) The Board shall hold a special meeting by the 31st October of every financial year and
The State Government may, after considering the budget estimates, the accounts of the Board and such other reports as it may call for, make such annual or periodical grants to it as it may think fit.
(1) The Board shall have a fund to be called the West Bengal Board of Secondary Education Fund to which shall be credited
(a) all sums which may be paid by the State Government under section 32;
(b) all fees realised under any of the provisions of this Act;
(c) all sums representing income from endowments or from property owned or managed by the Board; and
(d) all other sums received by or on behalf of the Board from any other source whatsoever.
(2) The Fund shall vest in the Board and shall be under its control and shall be held by it in trust for the purpose of this Act.
No expenditure shall be incurred from the Fund except for the purposes of this Act, and unless such expenditure is provided for in the budget as approved under this Act or can be met by reappropriation sanctioned in the prescribed manner.
The Board shall keep an account of all its receipts and expenditure in the manner prescribed.
(1) The accounts of the Board shall be examined and audited annually in such manner as may be prescribed by an auditor or auditors appointed by the State Government.
(2) For the purpose of examination and audit under sub-section (1) an auditor appointed under that sub-section may
(a) require in writing the production before him of any document relating to the Board or the assets thereof which he considers to be necessary for the proper conduct of the audit;
(b) require in writing the personal appearance before him of any person accontable for, or having the custody or control of, any such document to answer any question relating thereto; and
(c) require an
(1) Not more than fourteen days after completion of the audit the auditor shall submit to the State Government a report on the accounts audited, and shall send a copy thereof to the Board which shall forward it to the State Government together with its observations thereon.
(2) The State Government shall take such action on the audit report as it thinks fit.
The Board shall furnish to the State Government such reports, returns and statements as may be prescribed and such further information on any matter relating to the Board, as the State Government may require.
The State Government may, by order in writing specifying the reasons thereof, suspend the execution of any resolution or other of the Board of any committee or any 72a [Regional Council] constituted under this Act and prohibit the doing of any act which purports to be done or intended to be done under this Act, if the State Government is of opinion that such resolution, order or act is in excess of the powers conferred by or under this Act upon the Board or the Committee or the Council, as the case may be.
The members of the Board of every Committee or Council constituted under this Act, persons in the service of the Board and any person appointed under this Act to audit the accounts of the Board shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
No suit, prosecution or other legal proceeding whatever shall lie against any person for anything in good faith done or intended to be done under this Act.
A Tribunal appointed under this Act shall have all the powers of a Civil Court for the purposes of receiving evidence, administering oaths, and enforcing the attendance of witnesses and compelling the discovery and production of documents, and shall be deemed to be a Civil Court within the meaning of sections 480 and 482 of the Code of Criminal Procedure.
No act or proceeding taken under this Act shall be invalid on the ground merely of
(a) the existence of any vacancy in or 7373. Words subs, by W. B. Act 32 of 1979. [defects in the initial or subsequent constitution of,] the Board or any Committee or any 7474. Words subs, by W. B. Act 32 of 1979. [Regional Council] constituted under this Act,
(b) any member of the Board having voted on any matter in contravention of the provisions of section 15, or
(c) any defect or irregularity not affecting the merits of the case.
Every matter or thing required to be provided by regulations under this Act shall, until such regulations are made, be provided by rules made under this Act.
(1) The State Government may, after previous publication, make rules for carryng out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:
(a) the acquisition, possession and disposal of property by the Board, the conditions of such acquisition, possession and disposal, and the performance by the Board of any function referred to in subsection (2) of section 3;
(b) the manner of election of the members of the Board specified in 7575. Words and figures subs, by W. B. Act 32 of 1979. [clause (8) and sub-slause (b) of clause (14)] of section 4, the constitution of electorates fo
(1) The West Bengal Secondary Education Act, 1950 (hereinafter referred to as the said Act), and the West Bengal Secondary Education (Temporary Provisions) Act, 1954, are hereby repealed.
(2) Upon such repeal,
(a) all property and assets vested in the Board of Secondary Education and all rights, liabilities and obligations acquired or incurred by such Board before the commencement of this Act shall stand transferred to the State Government:
Provided that the State Government may by order made in this behalf retransfer all or any of such property or assets to the Board and thereupon such property or assets shall vest in the Board.
&
The Board shall, in exercising its powers and performing its duties under this Act, be guided by such directions, as the State Government may by notification in the Official Gazette give from time to time, regarding the scope and content of Secondary Education.
If any difficulty arises in giving effect to the provisions of this Act, the State Government may make such order or do such thing, not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty.
7878. Secs. 49 and 50 ins. by W. B. Act 9 of 1977.
(1) If in the opinion of the State Government the Board
(a) has persistently made default in the performance of the duties imposed upon it, or
(b) has exceeded or abused its powers, the State Government may, by an order published in the Official Gazette and stating the reasons therefor, supersede the Board, for such period not exceeding two years, as may be specified in the order and take such steps as may be necessary to re-establish the Board immediately on the expiry of the period of supersession.
(2) The State Government may, if it considers necessary so to do, by order, extend or modify from time to
7878. Secs. 49 and 50 ins. by W. B. Act 9 of 1977.
7979. Sub-sec. (1) subs, by W. B. Act 2 of 1978. (1) Notwithstanding anything contained in this Act or in any other law for the time being in force, with effect from the date of an order of supersession made under section 49,
(a) all the members of the Board, the Committees and the Sub- Committees constituted under this Act, and the President shall vacate their offices,
(b) all the powers, duties and functions which under the provisions of this Act or any rule or regulation made thereunder or of any law for the time being in force, may be exercised or performed by the Board or any of the Committees or Sub-Committees or the President, shall be exercised or performed by an Administrator to be appo
8181. Sec. 51. ins. by W. B. Act 2 of 1978. . For the aviodance of doubts it is hereby declared that an order or supersession made under section 49 shall not effect or imply in any way the dissolution of the Board as a body corporate.
8282. Sec. 52 add. by W. B. Act 32 of 1979.
(1) The State Government shall, by an order published in the Official Gazette, specify the date on which the Board is re-established in accordance with the provisions of section 4.
(2) The State Government shall, by an order published in the Official Gazette, specify the dates by which the authorities (other than the State Government) shall elect or nominate members referred to in section 4. If such member or members are not elected or nominated, as the case may be, by the specified dates members from amongst persons qualified for such election or, nomination, as the case may be.
(3) Until 8383. Words om. by W. B. Act 13 of 1982. [* * * * *] election of mem
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