The rajasthan secondary education act 1957

--- Section 1. Section 1.Short title, extent and commencement --- (1) This Act may be called the Rajasthan Secondary Education Act, 1957 (2) It extends to the whole of the State of Rajasthan. (3) It shall come into force at once. AMENDMENT ACT, 2015 1. Short title, extent and commencement. - (1) This Act may be called the Rajasthan Secondary Education (Amendment) Act, 2015. (2) It shall be deemed to have come into force on and from29th June, 2015. --- Section 2. Section 2.Interpretation --- (1) In this Act, unless the context otherwise requires:-- (a) 'Board' means the Board of Secondary Education for Rajasthan under section 3; (b) 'Chairman' means the Chairman of the Board; *(c) 'Director' means the Director or an Additional Director of Education, Rajasthan; ACT (CH. I) (d) 'Head of the Institution' means the Headmaster of a High or Higher Secondary School, or Principal of an Intermediate College, recognised by the Board; (e) Inspecting Officer' means an Inspecting Officer of the Education Department of the State Government and includes the Deputy Director of Education, Inspector of schools, Deputy Inspector of Schools and Inspectress of Schools and Deputy Inspectress of Schools, under the State Government; (f) 'Institution' means institution imparting Secondary Education and includes a part of an Institution; (g) 'Prescribed' means prescribed by Regulations; (h) Principal' means the Head of a College; (i) '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; (j) 'Regulations' means Regulations made under this Act; (k) 'Secondary Education' means the education which follows immediately the stage of Middle School Education and precedes immediately the stage of education leading to the first degree of a University established by law in India, that is to say, it comp- rises the education leading to the High School, Higher Secondary and Intermediate Examinations; (l) 'Secretary' means the Secretary to the Board; (m) 'State' means the State of Rajasthan as formed by section 10 of the State Re-organisation Act, 1956 (Central Act 37 of 1956); (n) 'University' means the University of Rajasthan; (o) Vice-Chairman' means the Vice-Chairman of the Board. (2) The Rajasthan General Clauses Act, 1955 (Rajasthan Act 8 of 1955) applies for the interpretation of this Act as it applies for the interpretation of a Rajasthan Law as defined therein, [Footnotes] Amended by the Rajasthan Secondary Education (Amendment) Act, 1959 --- Section 3. Section 3.Incorporation of the Board --- (1) The State Government shall establish, by a notification in the Official Gazette, a Board of Secondary Education for Rajasthan. (2) The Board shall be a body corporate by the name of the Board of Secondary Education, Rajasthan, and shall have perpetual succession and a common seal with power to acquire and hold property, both moveable and immoveable, and, subject to the provisions made under this Act, to transfer any property held by it and to contract and do all other things necessary for the purposes of its constitution, and may sue or be sued in its corporate name. --- Section 4. Section 4.Composition of the Board --- (1) The Board shall in accordance with consist of a Chairman nominated in accordance Section 16 and of the following members, namely- I-Ex-Officio Members. (a) the Director of Education, Rajasthan; (b) the Director of Technical Education, Rajasthan; (c) the Head of the Commerce and Industries Department of the State Government; (d) the Commander. H. Q. 14 Circle Cadet Corps, Jaipur ; II-Elected Members. (e) three persons elected by the Senate of the University, one from each of the Faculties of Arts, Science and Commerce; (f) two persons being Principals or Professors of degree or post-graduate Colleges affiliated to, or Professors or Teachers in, the University of whom one shall be a woman, elected by the Senate of the University; (g) one person being a representatitve of the State Teachers' Association elected by the executive of that Association; (h) one Principal of an Engineering College in the State: (i) one Principal of a Medical College in the State; (j) one Principal of an Agriculture College in the State; (k) one Principal of a Veterinary College in the State; (l) one person being an expert in Physical Education; (m) one person representing Inspecting Officers of the Education Department of the State Government; (n) six persons representing the heads of recognised institutions in the State, of whom at least two shall be the Heads of girls institutions and two shall be the Heads of private institutions; (o) one person considered by the State Government fit and necessary to represent such interests as are not otherwise adequately represented; IV-Co-opted Members. (p) two persons, being distinguished educationists, coopted by the Board. (2) If either of the bodies referred to in clauses (e), (f) and (g) of sub-section (1) fails to elect any member to the Board within the prescribed time, the State Government shall nominate any person with the requisite qualifications to be such member; and every member so nominated shall for all the purposes of this Act be deemed to be a member elected by that body. [Footnotes] Amended by the Rajasthan Secondary Education (Second Amendment) Ordinance, 1961- Ordinance No. 10 of 1961, Amended by the Rajasthan Secondary Education (Amendment) Act, 1959 Act No. 25 of 1959, --- Section 5. Section 5.Headquarters of the Board --- The Board shall have its Head-quarters at a place to be notified by the State Govern-ment in the Official Gazette.. --- Section 6. Section 6.Terms of office of Members --- Members, other than ex-officio members of the Board, shall hold office for a term of three years from the date of a notification published 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. --- Section 7. Section 7.Filling of vacancies on expiry of term of office --- When the term of office of members, other than ex-officio members, has expired, vacancies so caused shall be filled within one month in the prescribed manner. --- Section 8. Section 8.Publication of names --- The names of persons who have been nominated or elected to be members of the Board, in accordance with section 4, shall be published by the State Government by notification in the Official Gazette. --- Section 9. Section 9.Powers and functions of the Board --- Subject to the provisions of this Act the Board shall- (1) prescribe courses of instructions for secondary education in the State for such candidates as:- (a) have pursued a course of study in an institution for secondary education in Rajasthan, recognised by the Board; (b) are teachers of institutions, recognised by the Board in this behalf; (c) have studied privately under conditions laid down in the Regulations; and have passed the examinations of the Board under the like conditions; (2) conduct public examinations at the end of the secondary stage; ''(2A) conduct eligibility test for teachers in accordance with the guidlines issued by National Council for Teacher Education established under section 3 of the National Council for Teacher Education Act, 1993 ( Central Act No. 73 of 1993), in pursuance of section 23 of the Right of Children to free and Compulsory Education Act, 2009 (Central Act No. 35 of 2009); (3) publish the results of examinations of the Board; (4) grant certificates and diplomas to such persons as- (a) have pursued a course of study in a recognised institution; (b) are teachers of recognised institutions, or (c) have studied privately under conditions laid down in the Regulations; and have passed the examinations of the Board; (5) recognise institutions for the purposes of its exami- nations and admitting them to the privileges of the Board; (6) admit candidates to the examinations of the Board; (7) demand and receive such fees as may be pres- cribed; (8) co-operate with other authorities in such manner and for such purposes as the Board may determine; (9) place before the State Government the views of the Board on any matter with which it is concerned; (10) call for reports from the Director on the condi- tions of recognised institution or of institutions applying for recognition and to direct inspection of such institutions; (11) adopt measures to promote the physical, moral, cultural and social welfare of students in recognised institu- tions and to prescribe the conditions of their residence and discipline; (12) organise and provide lectures, demonstrations and educational exhibititions, seminars and symposiums and to take such other measures, as are necessary to raise the standard of secondary education in the State; (13) institute and award scholarships, medals and prizes under conditions that may be prescribed; and (14) do all such other acts and things as may be requisite in order to further the objects of the Board as a body constituted for regulating and supervising secondary education in the State. --- Section 10. Section 10.Consititution of Board Fund --- A Board Fund shall be constituted and all sums received by or on behalf of the Board under this Act or otherwise shall be placed to the credit thereof. --- Section 11. Section 11.Custody and investment of Board Fund --- (1) All moneys at the credit of the Board Fund, except moneys required for day to day 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 such moneys as are not required for immediate expenditure in any of the securities described in section 20 of the Indian Trust Act, 1882 (II of 1882 ) or from placing them in fixed deposit with. a Scheduled Bank or from investing them in any other manner approved by the State Government. Explanation- In this sub-section, the expression 'Scheduled. Bank' means a Bank whose name is for the time being contained in the Second Schedule to the Reserve Bank of India Act, 1934 (II of 1934). (2) Accounts of the Board with a Bank may be opera- ted upon by the Secretary of the Board or by such other officer as may be perscribed. --- Section 12. Section 12.Application of Board Fund --- (1) Subject to the other provisions of this Act, the Board Fund shall be applied as follows:- (i) for the payment of reasonable charges and expenses and expenses incidental to several matters specified in this Act in accordance with Regulations made in this behalf; (ii) for other purposes for which by or under this Act powers are conferred or duties imposed upon the Board in accordance with Regulations. (2) The annual net savings shall be placed at the disposal of the State Government exclusively for the development of secondary education in the State. --- Section 13. Section 13.Audit of the Accounts of the Board --- The accounts of the Board shall be audited annually by such agency as may be specified by the State Government, and a copy of the audited accounts and balance sheet shall be submitted by the Board to the State Government each year by such date as the State Government may specify. --- Section 14. Section 14.Contracts --- All contracts in writing and assurances of property of the Board shall be signed by the Secretary on behalf of the Board or in such other manner as may be prescribed, and shall, if so signed, be binding on the Board. --- Section 15. Section 15.Officers of the Board-Subject to the other provi- sions of this Act, the following shall be the officers of the Board, namely --- (1) Chairman, (2) Vice-Chairman, (3) Secretary to the Board, (4) Such other officers as may be declared by the Regulations to be the officers of the Board, --- Section 16. Section 16.Chairman --- (1) The Chairman of the Board shall be nominated by the State Government from among a panel of three persons recommended by a Committee consisting of two persons nominated by the Board and one person nominated by the State Government, who shall act as Convener of the said Committee. (2) The Chairman so nominated shall hold office for a term of three years from the date on which he assumes charge of the office and shall be eligible to be re-nominated for a second term. --- Section 17. Section 17.Powers and duties of the Chairman --- (1) The Chair- man shall be the Administrative Head of the Board; it shall be the duty of the Chairman to see that this Act and the Regulations are faithfully observed and he shall have all powers necessary for this purpose. (2) The Chairman may at any time, and shall at prescribed intervals or on receipt of a requisition signed by not less than one-third of the total number of 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) In any emergency arising out of the administrative business of the Board, which, in the opinion of the Chair- man, requires that immediate action should be taken, Chairman shall take such action as he deems necessary, and shall thereafter report the action to the Board at its next and meeting. (4) The Chairman shall preside at every meeting of the Board at which he is present. --- Section 18. Section 18.Vice-Chairman --- The Director of Education (Primary and Secondary) Rajasthan shall ex-officio be the Vice-Chair- man of the Board. --- Section 19. Section 19.Duties and powers of Vice-Chairman --- The Vice- Chairman shall assist the Chairman in all matters, administrative and academic; shall discharge such duties and exercise such powers as may be delegated to him by the Chairman; and shall in the latter's absence exercise all the powers of the Chairman. [Footnotes] *Amended by the Rajasthan Secondary Education (Second Amendment) Ordinance, 1961- Ordinance No. 10 of 1951, Amended by the Rajasthan Secondary Education (Second Amendment) Ordinance, 1961-Ordinance No. 10 of 1961, --- Section 20. Section 20.Appointment, powers and duties of Secretary --- (1) The Secretary shall be appointed by the State Government upon such conditions and for such period as the State Government may deem fit. (2) The Secretary shall, subject to the control of the Board, be the chief executive officer of the Board. (3) All meetings of the Board shall be convened through the Secretary in the manner provided by the Regulations. (4) The Secretary shall be responsible for seeing that all moneys of the Board are expended for the purpose for which they are granted or allotted. (5) The Secretary shall be respnosible for keeping the minutes of all meetings of the Board. (6) The Secretary shall be entitled, to be present and to speak at any meeting of the Board but shall not be entitled to vote thereat. (7) The Secretary shall exercise such other powers as may be prescribed. --- Section 21. Section 21.Other Officers and Servants of the Board --- (1) The State Government may appoint a Dy. Secretary to the Board and such number of Assistant Secretaries thereof, on such conditions and for such period as the State Government may deem fit. *(2) The Officers appointed under Sub-section (1) shall perform such functions and exercise such powers as may be prescribed. (3) The Board may appoint such other officers and servants as it considers necessary for the efficient performance of its functions. *(4) The qualifications, conditions of service and the scales, of pay of officers and servants of the Board, other than Secretary, Dy. Secretary and Assistant Secretary, shall be determined by the Regulations. [Footnotes] Amended by the Rajasthan Secondary Education-( Amendment ) Ordinance, 1960- Ordinance No, 10 of 1960, --- Section 22. Section 22.Appointment and constitution of Committees --- (1) The Board shall appoint the following Committees, namely:- (a) Committees of Courses, (b) An Examination Committee, (c) A Curriculum Committee, (d) A Recognition Committee, (e) An Evaluation Committee, (f) A Finance Committee, and (g) Such other Committees as may be prescribed, (2) The Finance Committee shall prepare the annual budget of income and expenditure and submit it to the Board for its approval and a copy of the approved budget shall be forwarded to the State Government. No new items of expenditure shall be incurred by the Board or its administrative or executive head, except with the prior permission of the Finance Committee. (3) Every Committee shall consist of such members of the Board and of such other persons as are prescribed by Regulations. (4) The term of the members shall be as prescribed by Regulations. --- Section 23. Section 23.Exercise of powers delegated by the Board to Committees --- All matters relating to the exercise by the Board of powers conferred upon it by this Act which have by the Regulations been delegated by the Board to any Committee appointed under section 22 shall be referred to that Committee, and the Board shall before exercising any such power, receive and consider the report of the Committee with respect to the matter in question. --- Section 24. Section 24.Casual Vacancies --- Casual Vacancies.-All casual' vacancies among the members other than ex-officio members of the Board or of a Committee appointed by the Board shall be filled, as soon as conveniently may be, by the person or body who appointed or elected the member whose place has become vacant, and the person appointed or elected to a casual vacancy shall be a member of the Board or of 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. --- Section 25. Section 25.Proceedings not invalidated by reason of vacancies and irregularities --- No act or proceedings of the Board or of a Committee appointed by it shall be invalidated merely by reason of the existence 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. --- Section 26. Section 26.Quorum --- No business shall be transacted at any meeting of the Board or any Committee thereof unless members numbering at least one-third of the total number of members of the Board or Committee are present at such meeting. --- Section 27. Section 27.Members interested not to take part in discussion --- No member shall take part in the discussion of, or exercise. his vote on, any matter in which he has any personal interest. --- Section 28. Section 28.Powers of the State Government to require any action to be taken or to suspend the execution of any resolution --- (1) The State Government may address the Board with reference to any work conducted or done or about to be conducted or done by the Board and communicate to the Board views on any matter with which the State Government is concerned. (2) The Board shall report to the State Government such action, if any, as it proposes to take or has been taken upon the communication received under sub section (1). (3) If the Board does not, within a reasonable time, take action to the satisfaction of the State Government with reference to the matter on which a communication has been received under sub-section (1), the State Government may, after considering any explanation furnished or representation made by the Board, issue such directions, consistent with this Act, as it may think fit and the Board shall comply with such directions. (4) In any emergency which, in the opinion of the State Government, requires that immediate action should be taken, the State Government may take such action, consistent with this Act, as it deems necessary without previous consultation with the Board and shall forthwith inform the Board thereof. (5) The State Government may, by order in writing specifying the reasons thereof, suspend the execution of any resolution or order of the Board and prohibit the doing of an act ordered to be, or purporting to be, done by the Board, if the State Government is of the opinion that such resolution, order or act is in excess of the powers conferred by or under this Act upon the Board. --- Section 29. Section 29.Supersession of the Board --- If, at any time, in the opinion of the State Government, the Board is not competent to perform or persistently makes default in the performance of the duties imposed on it by or under this Act, or otherwise by law, or exceeds or abuses its powers, the State Government may, by notification in the Official Gazette, publish an order superseding the Board (hereinafter referred to as the supersession order) and such order shall be in force for such period as may be specified in the order. and the State Government may by like notification extend such period from time to time. Provided that the period of such supersession shall in no case exceed one year in the aggregate. --- Section 30. Section 30.Consequence of supersession order --- When a supersession order has been made under section 29, the following consequences shall ensue, notwithstanding any- thing contained in this Act or in any other law for the time being in force, namely:-- (a) all the members of the Board and of its Committees, including the Chairman and the Vice-Chairman, shall vacate their offices; (b) all powers, duties and functions, which under the provisions of this Act or any Regulations made thereunder or of any other law for the time being in force, are to be exercised by the Board or any Committee thereof or by the Chairman, shall, so long as the supersession order continues to be in force, be exercised and performed by such person (to be called the Administrator) as may be appointed by the State Government in this behalf. Provided that the Administrator may, subject to the control of the State Government, delegate any of his powers, duties or functions to such other person as he may think fit or to such body as may be constituted by him; (c) representatives of the Board on all bodies (statutory or otherwise) shall vacate their offices as such representatives and shall, whatever may be their number, be replaced by the Administrator. --- Section 31. Section 31.Salary and allowances of the Administrator --- (1) The Administrator shall receive such salary and allowances as may be fixed by the State Government. (2) The salary and allowances fixed under sub-section (1) shall be paid out of the fund of the Board. --- Section 32. Section 32.Powers of State Government to make orders to remove difficulties --- If any difficulty arises in giving effect to the provisions of sections 29, 30 and 31. or of a supersession order, the State Government may, as occasion arises, by order, require any action to be taken not inconsistent with the provisions of this Act, which may be necessary for removing such difficulty. --- Section 33. Section 33.Reconstitution of the Board --- Whenever a super session order is issued, the State Government shall cause steps to be taken to ensure that the Board shall be constituted afresh in accordance with section 4, so as to be ready to function on the expiry of the supersession order. --- Section 34. Section 34.Indemnity --- No suit. prosecution or other proceedings shall lie against the Administrator or against any person or body to whom the Administrator may delegate any of his powers, duties or functions under the proviso to clause (b) of section 30 for anything done or intended to be done in good faith in execution of section 30. --- Section 35. Section 35.Board to continue as a body corporate --- Nothing in sections 29 to 33 shall be construed as affecting or implying in any manner the dissolution of the Board as a body corporate. --- Section 36. Section 36.Powers of the Board to make Regulations --- (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 power, the Board may make Regulations providing for all or any of the following matters, namely: -- (a) the procedure of the Board and its Committees; (b) the conferment of diplomas and certificates; (c) the courses of study to be laid down for all certificates and diplomas; (d) the conditions under which candidates shall be admitted to the examinations of the Board and shall be eligible for diplomas and certificates; (e) the fees for admission to the examinations of the Board; (f) the conduct of examinations; (g) the appointment of examiners and their duties and powers in relation to the Board's examinations; (h) the admission of institutions to the privileges of recognition and the withdrawal of recognition; (i) the appointment of officers, clerks, and other servants of the Board; (j) the constitution of a Provident Fund for the benefit of officers, clerks, and other servants employed by the Board; (k) the control, administration, safe custody and management in all respects of the finances of the Board; (1) the election or nomination of members to the Board; (m) the election and nomination of members to the Committees; (n) the institution of sholarships and prizes; (0) the constitution, powers and conditions and duties. of the Committees set up by the Board; (p) the emoluments and allowances of members of the Board and all its Committees; and (g) all matters which by this Act are to be or may be prescribed or provided for by Regulations. --- Section 37. Section 37.First Regulations of the Board --- The first Regulations shall be made by the State Government after previous publication, and they shall be deemed to have been made by the Board and shall continue in force until altered by the Board. Provided that the first Regulations, if any, made under section 35 of the Rajasthan Secondary Education Ordinance, 1957 (Rajasthan Ordinance 5 of 1957) shall be deemed to be the first Regulations of the Board made by the State Government under this section, --- Section 38. Section 38.Copies of Regulations and alterations; thereof --- A copy of every Regulation made by the Board under Section 36 and of every modification or recission thereof or of each of the first Regulations of the Board made or deemed to have been made under Section 37 shall be submitted without' undue delay to the State Government for information. --- Section 39. Section 39.Repeal and Savings --- (1) The Rajasthan Secon- dary Education Ordinance, 1957 (Rajasthan Ordinance 5 of 1957) is hereby repealed. (2) Notwithstanding such repeal- (i) the Board of Secondary Education for Rajasthan it established under Section 3 of the Ordinance hereby repealed shall be deemed to be the Board established for the purposes of this Act on and from the date on which it was so established as if this Act were then in force; (ii) such members of the said Board, whether holding office as ex-officio members or as elected or nominated members, as may lawfully continue to be the members thereof under Section 4 of this Act shall be deemed to be such members, whether appointed ex-officio or elected or nominated, as the case may require, under this Act as if it were then in force and as if they had been appointed ex-officio members or elected or nominated according to the requirements of this Act, notwith- standing the fact that originally they were not, could not be, so appointed, elected or nominated Provided that where any two or more such members represent any particular interest and the strength of the representation of such interest has been reduced by this Act, the State Government shall, immediately upon the commencement of this Act, declare by notification in the Official Gazette, the name or names of the members representing that interest who shall vacate office forthwith in consequence of such reduction; (iii) any members of the said Board as may not lawfully continue to be the members thereof as aforesaid shall be deemed to have vacated their offices immediately upon the commencement of this Act; (iv) any other persons. who were not members of the said Board but are required by the provisions of this Act to be appointed as ex-officio members, or to be elected or nominated or co-opted as members of the Board shall be so appointed, elected, nominated or co-opted as soon as may be after the commencement of this Act and shall hold office for the residue of the term of the Board under Section 6; and (v) everything done or action taken by or under any provision of the Ordinance hereby repealed and not otherwise provided for shall be deemed to have been done or taken, as the case may be, by or under the corresponding provision of this Act. AMENDMENT ACT 2015 (1) The Rajasthan Secondary Education (Amendment) Ordinance, 2015 (ordinance no. 5 of 2015) is hereby repealed. (2) Notwithstanding such repeal, all things done, actions taken or orders made under the principal Act as amended by the said Ordinance shall be deemed to have been done, taken or made under the principal Act amended by this Act --- Section 40. Section 40.Amendments to the University of Rajasthan Act --- (1) The University of Rajasthan Act shall be amended in the manner directed in the First Schedule. (2) The amendments directed in the Second Schedule shall be made in the statutes of the said University. --- Section 41. Section 41.Savings regarding power of authorities of the University to carry out repeals and amendments for certain purposes --- Nothing in this Act or the Ordinance hereby repealed shall be construed as affecting the power of any competent authority or competent body of the University of Rajasthan to repeal, amend or add to the Statutes, Ordinances. Regulations and Rules of the said University in order to bring the provisions of such Statutes, Ordinances, Regulations and Rules in accordance with the provisions of this Act. --- Section 42. Section 42.Provisions regarding institutions imparting Secondary Education affiliated to the University of Rajasthan --- Notwithstanding anything contained in this Act or the Ordinance hereby repealed all educational admitted to the privileges of the University in respect of institutions secondary education and situate within the State of Rajasthan shall, in respect of such education, with effect. from the date of the commencement of this Act, be deemed to be admitted to the privileges of the Board, and the Board shall, as far as possible and consistent with this Act, admit such institutions to all such privileges in respect of secondary education as they had from the University before the said date. --- Section 43. Section 43.Facilities to be afforded to students studying and eligible for examinations of the University of Rajasthan in Secondary Education --- Notwithstanding anything contained in this Act or the Regulations made thereunder, the Board shall provide for such period and in such manner as may be prescribed for the instruction, teaching and training of students of institutions situated within the State and admitted to the privileges of the University of Rajasthan, who, before the date of the commencement of this Act were studying or were eligible for any examination of the said University in secondary education and for the examination of such students and others in accordance with the courses of studies of the said University. --- Section 44. Section 44.Power to remove difficulties --- If any difficulty arises as to the first constitution of the Board or otherwise in first giving effect to the provisions of this Act, the State Government, as occasion may require, may by order do anything which appears to it necessary for the purpose of removing the difficulty.