The Sikkim Board of School Education Act,1978

SIK KIM GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY No. 138 Gangtok, Tuesday, September 26, 1978 LEGISLATIVE DEPARTMENT NOTIFICATION I , No. 18/LL/78 Dated Gangtok, the 26th September, 1978. . The following Act ofthe Slkkim Legislative AssemblyhaVing.received the assent of' the Governor on 25th day of September, 1978 is hereby published for general information. SIKKIM ACT No. 19 OF 1978 THE SIKKIM BOARD OF SCHOOL EDUCATION ACT, 1978. AN' ACT to provide for the establishment of a Board of School Education to prescribe curricula, text-books and other instructional materials for schoolsand to conduct examinations at the school levelin the State ofSikkim. Beit enacted ~ythe Legislature ofthe StateofSikkimin the Twenty-ninth yearofthe Republic of India asfollows:- - . \- I. (I) This Act maybe called the Sikkim Boardof School Education Act, 1978. Short title & Commencement, (2). It shall come into force on such date asthe State Government may, bynotification, appoint. 2. In this Act and in all Regulations made hereunder, unless there is anything repugnaRt in the subject or context; -"-'--'-'-" ..... (a) "Board" meansthe Sikkim Boardof School Education established under this Act, (b) "Fund"'means the Sikkim Board of School Education fund, constituted under Section 22 of this Act, (c) "Notification" means anotification under this Act published.in the Official Gazette, (d) "President" means the president of the Board, (e) "Regulation" meansa Regulation made under this Act, (f) ,'Secretary" means the Secretary of the Board, (g) "State Government' '_means the Government of the State of Sikkim, (h) "Prescribed' meansprescribed under the Regulations made under this Act, (i) "Head of Institution" meansthe head ofan educational institution ofschool level in the.State by whatever name he be designated, ... . (j) "Employee" means a full or part-time employee engaged permanently or temporarily for the purpose ofassistingin the work ofthe Board, . . (k) "Text-book'.' means anybookprescrtbedor recommended for an examination by the Board,,, . 2 , (l) "Registered Teacher" means a teacher who is registerbdas a teacher in pursuance of a regula. tion made in that behalf by the Board. . .>, 3· (I.) The State Government shall, as soon as may be, after this Act comes into Incorporation force, eatablish a Board named the Sikkim Board of School Education. of the Board. (2) The Board shall be a body corporate, with perpetual' succession and ii common seal and shall be entitled to acquire, hold and dispose of property, to enter into contract and to do all other things necessary for the purposes of this Act and shall by the said name sue and be sued. ' 4· .(1) TIle Board shall consist of the following:- Constitution of the Board. (i) The Director of Education;' Sikkim-President' (ex-officio), (ii) The Principal of the Government Degree College, Gangtok - Member (ex-officio), (iii) The Principal, T.N. Academy, Gangtok ,- Member (ex-officio), (iv) Seven heads of institutions nominated by Government, .atleast two of whom shall be women - Members, ' -' (v) Two District Education Officers nominated by the State Government - Members, (vi) Three persons irirerested in education nominated by the Government, (vii) . A representative of the Finance Department of the Government not below the rank of a De- puty Secretary nominated by the Government. .' '. The names of the persons nominated asmembers of the Board shall he pub! ished Publication of the by notification by the State Coverrunent. names of members. 6. (I) A person shall not be eligible for nomination or co-option as a mern- Disqualification bel' of the Board, or of the Committees formed by it, if he - . for membership. (a) has been adjudged by a court of Jaw to be of unsound mit~d; (b) has been convicted by a court of law for an offence which is declared by' the State. Government to be <1'1 offence involving moral turpitude ; (c) has directly or indirectly, any interest in publication of text-books inte~dedto be pre- scribed or recommended by the. Board for use in schools recognised by the Board. (2) If a nominated or co-opted member' of the Board Or of any Committee formed' by it becomes subject to any of the disqualifications specified in sub-section (I) his membership shall there- upon cease.' All disputes relating to the eligibility of any person for nomination or co-option shall be re- Ierred to the State Government whose decision .on such ,matters shall be. final. J (l) Nominated members of the Board shall hold office for aterm of three Term of office yean; from the date of Notification published under Section 5. of members. of A member nominated in his capacity as 'holder particular appointment, shall' cease to be a member if ,he ceases to hold that appointment. 8. ([ ) A member ;)f tH~ Board, other than an ex-officio member, may resigl1 Resignation of his seat hy'giving notice thereof in writing to the President, and such'membesr aud member shall be deemed to have vacated his seat from the date of acceptance filling up' of of his resignation by the State Government. . vacancies etc- In the event of a vacancy occuring by resignation, disqualification or death of 'amember, such vacancy shall be filled up, by nomination, i\~soon as may be, in the manner. provided in 4. Section The Board shall meet as frequently as would be necessary to transact its business, Meetings of but the intervening period between. any two consecutive meetings shall not the Board. ordinarilv exceed Iortyfive days. , Ie, (I) The quorum for every meeting of the Board, shall be five members. Quorum Proceedings .not in- validated' by rea- sons of vacancies. ;l (2)' Subject to the provisions contained in sub-section (I)n'o'act 01.' proceedings the Board shall or be invalid merely by re~son the existence any vacancy arnong themembers of the Board . ()f . " . ,. "'. I'{ I 3 II. Subject to any general Of special 'order of the State Government, the provisions Powers and of this Act and any regulations .made thereunder, the Board shall have the follo- duties, of the wing P?wers;- Board.-- ([) to conduct examinations and grant diplomas and certificates ,to successful candidates; (2) to prescribe courses of instractio~l and text-blooks for examinations conducted by it;, (3) to prescribe conditions for admission to examinations conducted by it; '" (4) to recognise instit~ltions for purpose of .its examinations with the concurrence of the State Government; , (5) to demand and receive such.fees as.maybe prescribed; ',' (6) 'to make regulations for prescribing courses of instruction and text-books for stud); in institu- tions of school level in the State; to make regulations for imposing penalties for misconduct of examinees, students and teachers and For negligence in work of examiners, paper setters and printing presses in connection with work done relating to examinations; ._ ' (8) to submit to the State "Government .its views .on any matter with which it is concerned or which theState Government may refer toitIor advice; , to appont part-time employees of the Board a~may be necessary from time to time; to institute 'and awardscholarships, medals-and prizes under conditions that may be prescribed and to accept 'endowments for the samc"subject to such conditions as the Board may deem fit·; (I I) to organise and provide lecturers, demonstrations, educational exhibitions" educational .ex- cursions and to take such other meas~lres as.ace necessary to-promote the standards of school education in the State; , , '" ' . ([ 2) to appoint subject Committees to advise the Board in framing the courses of studies, prescri- ption of text-books, appointment of paper-setters, moderators and examiners in differellt subjects of study, and (l3) to do such other things as may be ne.cessary to further the objects for ,wh'.eh the Board has been constituted. ' 12. Notwithstandinp anythjng contained in this Act. Powers of the State ,Govern- ment. The State Government shaII have the right to address the Board with rcfer renceIto anything conducted or done bY.the Board and to communicate to the Board its views on any matter with which the Board is concerned. ' The Board shall report to the State 'Government such action, if any, as it proposes 'to' take or has taken upon such communication. ' . , If the Board does not, within a resonable time, take action to the satisfaction of the State Government, "it may, after' conside:rlng any explanation' furnised or representation made by the Board ,issue such directions consistent With this Act" as it may think fit, and the 'Board shall eomply ..with such direction. . . . - " In an emergency which, in the opinion of the State Government reguiresthat immediateaction should be taken, the State Government 111aytake such action, consitentwirh .this Act arid the Regulations as it deems necessary WIthout phor consultation ,with the Board and shall forth with inform the Board of the action taken. (5) The State Go~ernment shall have the power to 'suspend the Board ~11dtake over its Functions; if in its opinion', tbe Board has persistently made default in the' performance of~the duties im-.. posecl upon it under this Act . ' The following sl~aUbe the offic~;"s of the Board:- Officers of the Board. (1), The President (ii) The Secretary (Hi) Such other Officers appointed to assist the Secretary, as may he necessary, fl'0111time to time. _ . , (2) The State Government shall appoint the Secretary of the Board and such other officers to assist "him as it considers necessarY" ..' . . ' " ',' 14. The full time employees of the Board other than officers shall be appoi!1ted by the, Employees of Board with the prior approval of the State Grvernment. . the Board. - , , , - 4 -,The President shall be the Chief Executive Officers of the Boarcl~ Powers and+ duties of the President. The President shall, when present,preside over all 111eetil1gs of the' Board and the subject \ Committees constituted by the Boardunder this Act. ' _, , In case the Presidentis unable to attend and preside over «11Ymeeting of the "Board or ameeting to of a Subject Committee, he lll~y nominate in advance a member of the Board preside in his place, In circumstances where such a nomination cannot be made, the members of the Board or Subject Committee present niay elect one member From aillOng themselves, to. preside at the meeting.' , ' - - It shall be the dutvof the President to see that the provisicns of this Act and the Regulations framed thereunder, are faithfully observed and he shall have all powers necessary' for the' purpose. _ In case any emergency ar-ises out of the administrative business of the Board, wlitch.in. the opi- nion. of the President requires that immediate action should be taken, he .may take any action as he deems fit and report hisaction immediatly to the State Government, and to the Board at its n~xt meeting. , (6) The President shall have such powers <1Smay be prescribed. ,16. The Secretary shall:- '- Powers and (I) Subject to the control of the President, ~ct as the Head of th~ Board off~ce. duties of the (2) be responsible for seeing that the orders of the Board are carried out, 'Secretary.-- (3) be empowered to enter into all contracts on behalf of the Board, , (4-) be the custodian of the common seal and all properties and records of the Board, (5) be responsible for preparation of the - Annual Report , Annual Statement of Accuounrs -and Budget Estimates of the Boar?" . (6) remain in charge of the funds of the Board and shall see that all moneys are expended on the purpose for which they are granted or alloted , ' (7) be the draWing and disbursing officer of the Board, . (8) be responsible for keeping -the minutes of the Board, its Subject Committees alfd Sub-Co- mmittees, ' (9) . be responsible Ior the discipline and conduct of the Board OFfice, (10) conduct all official correspondence of the Board, .. ' (: I) make all arrangements for conducting examinations of the _Board" (T2 ) deal with the applications and fees received from thecandidate for admission to the .examina- tions of the Board in accordance with the Regulation,;,', -( (13) 011behalf of the Board, issue-'under his sign<ltLire, certificates to successful candidates, (14-) .remain in cllJrge of the Ltbrary of the Board, , ' ,. (lj) iS~;lIcnotice" announcing text books prescribed and recommended, for examinations of-the Bo.ud , (16) render- such assistauce to the Prcsjdent as rcquireclLy him, for performance of his duties, (17) _'perform ..ucl: other duties as may required by th« Bo;u'J from time to time" (18) dc~leg'1te, with the permi',loll of the Bo,1rd, ouch of hi.; powers and Iunctlons 1:0olticers vjimior to him as will he c()n~'l(lered by him to be nCCCN1l'Y, ;HY~_l , - , (19) exercise such other powcr., and _pcrl'f)rm such other duties as may be prescr-ibed. I7,. As soon -Jo, may he after the Board is estab lishcd, it ,ld1 appojnt, at a m~eting of Subject Com- the B();ml Subject Committees for difTen:nt subjects t,wghl: at the school s["ge in mittees. the State. (;r 18. (1) Each Subject Committee shallcorrslst not less tlran three and not IT)-ore _Membership, than seven members, chosen S0 a'i to represent· i'~-r,\!" as possible , tea- ' term. Qu orurn, cliers in tlie subject fmni diffeccnt type of institutions spread over the .meetings etc. Stolte. ' , -, ' _ The President and the Secretary shall be ex-olhclo members of all Subject Committees. The President sh.-.11preside over the meeti'ngs of every Subject Committee ;:nd,the Secretary shall .convene the Ineetings of the Committees. '_ - - 5 , /: ,/ ~. (3) The Boardmay, whenever it considersnecessary, co"Optupto amaximum oftwo experts to any ,/ subject Committee. The co-opted members shallhaver,ightto vote. "/ (4) The term of membership of Subject Committees shallbe three yearsfor anordinary member and one year for a co-opted member. - (5) The quorum for a meeting ofany subject Committee shall be asnear asone-third of the total •membership of the Committee including the President, the Secretary and the co-opted mern- bel's, if any. -,(&) The Subject Committees shall meet as often as it will be necessary to transact their business. The first set ?f Regulations under this Actshall bemade bythe State Govern- Fir~tset of Re- ment to facilitate the initjal working ofthe Boardand shallbe deemed to have gulations. been made by the Board. 20. Without prejudice to the generality ofthe foregoing powers, the Boardmaymake Power to make regulations for all or any of the following matters, namely:- regulations. (t ) the constitution, pO'wersand duties of committees apopointed under Section 17; (2) marks required forpassi~g in anysubject and examination as a .whole, and for credit and distinction in any subject, ' disciplinary measures for malpractices in examinations, fixingoffees and charges in respect ofexaminations, rate oftravelling and dailyallowances to the non-officialmembers ofthe Boardor Committees; layingdown procedure to be observed for conduct of meetings of the Board, other then what has been provided in this Act; . the conduct ofex<l)11inations, publishing results including qualifications, appointment of .of paper"setters,..moderators, examiners, tabulators and their duties, powers, remuneration and the rate oftravelling and dailyallowance; the conditions under which candidates shall be admitted to the examinations of the Board; the conditions under which the Boa~dmay recognise institutions .for the pm'poses of.presen- ting candidates for its examinations ; (10) the courses ·ofstudy to be followed in the primary, junior high, and higher secondary classes and the courses of study for teachers training and other examinations that may be'conducted by the Board; (II) the conditions for award of.certificates and diplomasj (12 ) the control, administration, safe custody and management of the finances of the Board, and (l3 ) all matters which by this Act are to be.or maybe provided for by the Regulations. 2 [. (I) No-regulation ofaddition or amendment to or repeal ofaregulation made Power of the ,,. by the Board shall be validwithout the approval ofthe State Government. State Govern- ment to make regulation, re- . peal, amend etc. Provided, .however, that in case of disapproval by the State Government, they shall refer the matter back to the Board for reconsideration and resubmission. The State Government may, with or without consulting the Board when they deem it nece- cessaryand expedient, make, amend or repeal anfregulation and such regulation shall be deemedto have been,made, amended or repealed by the Board. 22. (I) The Bo~rdshall have afund called the Sikkim Board of School Education Board Fund Fund to whicl1'shallbe credited". , ' (i) all income from fees, endowments, donations and grantsfor specific pl(rposes, if any, (ii) annual contributions which may be made by the State Goverrrment under such. conditions asthey mayimpose and (Hi) receipt from other sources. '. Allmoneys at the credit of the Board shall be kept in the State Bankof Sikkim or any other Bankapproved by the State Government, at Gantgtok. 23· (r) The State Government shall make an i:niti:tlcontribution of such amount Contribution as it may deem fit t,othe Board immediatlv after its establishment. ' by the State Go- vernment to the Board Fund. 6 Thereafter, eachyear, taking into consideration the estimatesof recipts'and expenditure f~. ~ the year prepared and presented to the State Government bythe Board,theState Government .y<' l shall make such contribution avail~bleto the Boardasit maydeem necessary. ,iJ.. 2+, The Boardshallkeep.accounts ofits receipts and expenditure in the manner and .Accounts. " form prescribed. . ' The accounts of the Board shallbe examined and audited at least once each.year Audit of acco- , by an Auditor appointed bythe State Government, Copies of the audited unts accounts, together with the auditors.report, shallbeforwarded to the Boardand to State Govern- ment for taking such action asmaybenecessary. The Board shallfurnish to the State Government such reports, and returns and Board to fur- statements and such other informations relating to anymatter under the control nish reports, ofthe Boardasthe State Government m~yrequire. returns etc. to the State Go- vernment. Allregulations, syllabus,courses ofstudiesandtext-books prescribed bythe Cen- Central Board tral Boardof SecondaryEducation for the High School and Higher SecondarySch- of Secondary ,001 Examinationsshallcontinue to be followed until provisionsto ,replacing them Education. are madebythe Boardthrough its own regulations: ' \ 28. The State Government shallhavepower to exempt any institution or class ofins- Exemption titutions from the operation ofthis Actin whole or in part, To dispose of business quickly, the Board shall have the power to appoint ad-hoc Power to ap- sub-committees for specificpurposes.. The term ofaSub-committee shall expire point Sub-Co- assoonasthe report isprepared and submitted byit to the Board. The, Board, mmittees. before taking adecision on the matter for which a Sub-committee was appoil!-- ted, shall take into consideration the report of the .Sub-Committee. Ifanydifficultyarisesin givingeffect to any of the provisions ofthis Act, the State' Removal of Government maymake such order or do such thing, not inconsistent with this difficulty. Act asappearsto it to be necessaryor expedient, to remove thedifficulty. 3J. The State Government may make rules for earring out the purposes of this Act in Power to respect ofall matters which are not required to be provided for by regulations make rules. under this Act - ~ \I ( By order of the Governor. B. R. ,PRADHAN, Secretary to the Government of Sikkim, Law & Legislative Department. F. 16(66)LLj78. PRINTED AT THE SIKKIM GOVERNMENT PRESS I.