Himachal pradesh act 015 of 1992 : Himachal Pradesh Board of School Education (Amendment and Validation) Act, 1992

Section 1. Short title

1. Short title.- This Act may be called the Himachal Pradesh Board of School Education (Amendment and Validation) Act, 1992

Section 2. Amendment of section 2

2. Amendment of section 2.- In section 2 of the Himachal Pradesh Board of School Education Act, 1968 (14 of 1968), hereinafter referred to a the principal Act,-

(a) the existing clause (a) shall be re-numbered as clause (aa) and before clause (aa) so re-numbered the following clause shall be inserted, namely:-

"(a) "affiliated" with its grammatical variations used with reference to an institution means affiliated or deemed to be affiliated to the Board for the purposes or admission to the privileges of the Board;"

(b) for clause (b), the following clause shall be substituted, namely:-

"(b) "Bye-law" means a Bye-law made under this Act by the Board or its committees;"

(c) after clause (c), the following clause shall be inserted, namely:-

"(cc) "committee" means the committee set-up under section 24 of the Act;"

(d) after clause (d), the following clause shall be inserted, namely:-

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

(e) for clause (f), the following clause shall be substituted, namely:-

"(f) "Head of the institution" means the Headmaster or Principal or other Principal academic officer, by whatever designation called, of an affiliated institution;":

(f) after clause (j), the following clause shall be inserted, namely:-

"(jj) "member" means a member of the Board and includes the Chairman and Vice-Chairman thereof;"

(g) after clause (k), the following clause (kk) shall be inserted, namely:-

"(kk) "plus two scheme" means the scheme of education where under education is imparted for the two additional successive classes immediately following matriculation;"

(h) for clause (m), the following clause shall substituted, namely:-

"(m) "Principal" means the Head of the College/Senior Secondary School/Junior Basic Training School;"

(i) clause (o) shall be deleted;

(j) for clause (p), the following clause shall be substituted, namely:-

"(p) "School Education" means all education up to the twelfth class, immediately preceding the stage of entry to a course leading to the first degree of a University established by law in India and includes plus two scheme but does not include technical education;"

(k) the word "and" occurring at the end of clause (q) shall be deleted;

(l) the existing clause (r) shall be re-numbered as clause (w) and before clause (w) so re-numbered the following clauses shall be inserted, namely:-

"(r) "State" means the State of Himachal Pradesh;

(s) "State Council of Educational Research and Training" means the State Council of Educational Research and Training constituted by the State Government;

(t) "State Government" means the Government of Himachal Pradesh;

(u) "text book" means any book or other printed material prescribed, recommended or otherwise approved by the Board for study in any affiliated institution;

(v) "technical education" means the education imparted to students in the technical institutions; and".

Section 3. Amendment of section 4

3. Amendment of section 4.- In section 4 of the principal Act, in sub-section (1)-

(a) for clause (c), the following clause shall he substituted, namely;-

"(c) Vice-Chancellors of each University as established or that may be established by law in the State or his nominee who shall not be of the rank less than that of Professor/Dean of Faculty in that University;"

(b) after clause (g), the following clause shall be inserted, namely:-

"(gg) the Principal of Regional Engineering College, Hamirpur (Himachal Pradesh);"

(c) for clause (f), the following clause shall be substituted, namely;-

"(l) three Heads of High or Senior Secondary Schools, one each of the Government, non-Government and Girls Senior Secondary Schools or High Schools;"

(d) in clause (m), for the words "one member", the words "two members" shall be substituted;

(e) the figure, signs and words "IV, Co-opted Member:" occurring after clause (m) shall be deleted; and

(f) in clause (n), the words "to be co-opted by "the Board" shall be deleted.

Section 4. Amendment of section 6

4. Amendment of section 6.- In section 6 of the principal Act, in sub-section (1), for the sign the sign shall be substituted and thereafter the following proviso shall be added, namely:-

"Provided that the members nominated under section 4 shall cease to be nominated members on their retirement from the service and on their ceasing to hold office or position, the interest of which they are representing and in their place new members may be nominated."

Section 5. Substitution of section 1

5. Substitution of section 1.- For section 7 of the principal Act, the following section shall be substituted, namely:-

"7. Quorum.- No business shall be transacted at a meeting of the Board unless at least one third members are present:

Provided that if the meeting is adjourned for want of quorum, no quorum shall be necessary at the next meeting transacting the same business.".

Section 6. Insertion of section 9-A

6. Insertion of section 9-A.- After section 9 of the principal Act, the following section shall be inserted, namely:-

"9-A. Admission of institutions to the privileges of the Board.- (1) Any institution. In the State, may apply to the Board for being admitted to the privileges of the Board and the Board may, subject to such conditions and restrictions as may be prescribed, admit such institution to the privileges of the Board.

(2) Any institution affiliated to the Himachal Pradesh University, affiliation of which has not been withdrawn or cancelled by the aforesaid University before the commencement of the Himachal Pradesh Board of School Education (Amendment and Validation) Act, 1992, shall be deemed to be an institution affiliated to the Board for plus two scheme and shall be subject to all the provisions of this Act and the regulations made thereunder.

(3) Where the Board is satisfied that its privileges are being abused by any affiliated institution or that the prescribed conditions or restrictions are not being complied with by such institution, the Board may withdraw its privileges from the institution, and thereupon the institution shall cease to be an affiliated institution:

Provided that before withdrawing the privileges, the Board shall require the institution to show cause why such action should not be taken and consider any explanation which may be furnished by it."

Section 7. Amendment of section 10

7. Amendment of section 10.- In section 10 of the principal Act,-

(a) for clause (1), the following clause shall be substituted, namely:-

"(1) prescribe syllabi, courses of instructions and text-books for School Education in Himachal Pradesh;"

(b) for clause (7), the following clause shall be substituted, namely:-

"(7) prescribe standards that the school and other institution seeking affiliation with the Board ought to fullfil in terms of teachers and their qualifications, curriculum, equipment, buildings and other educational facilities:"

(c) for clause (11), the following clause shall be substituted, namely:-

"(11) cause enquiries to be made through such agency and in such manner as may be proscribed regarding the conditions prevailing in an institution before it is admitted to the privileges of the Board and require such agency to inspect affiliated institutions and submit a report to the Board as to how far the conditions and restrictions on which the institution was admitted to the privileges of the Board are being complied with;"

(d) for clause (12), the following clause shall be substituted, namely:-

"(12) arrange for the preparation, writing, compilation, printing, publishing and sale of text-books, other educational material and undertake the publication of any other educational work, books or periodicals;"

(e) the word "and" occurring at the end of clause (17) shall be deleted; and

(f) the existing clause (17) shall be re-numbered as clause (23) and before clause (23) so re-numbered, the following clauses shall be inserted, namely:-

"(18) prescribe penalties for misconduct pertaining to examinees, examiners and other persons engaged in the conduct of examination;.

(19) appoint the examiners and supervisory staff and fix their remuneration;

(20) hold any property and receive bequests, donations, endowments, trusts and other transfer of any property or any crest therein or right thereto;

(21) to give grants to the State Council of Educational Research and Training for educational activities anti research work;

(22) to take measures for the welfare of teachers of a affiliated institutions and employees of the Hoard: and".

Section 8. Substitution of section 23

8. Substitution of section 23.- For section 23 of the principal Act, the following section shall be substituted, namely:-

"23. Appointment of officers and employees of the Board, their team and conditions of service.- (1) The Government may appoint Joint Secretary to the Board and such number of Deputy Secretaries thereof, on such conditions and for such period as the 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 Assistant Secretaries, such other officers and employees as it considers necessary for the efficient performance of its functions.

(4) The qualifications, conditions of service and pay scales of officers and employees of the Board, other than Secretary, Joint Secretary and Deputy Secretaries, shall be such as may be prescribed."

Section 9. Substitution of section 24

9. Substitution of section 24.- For section 24 of the principal Act, the following section shall be substituted, namely:-

"24. Powers of the Board to set up committees.- (1) The Board shall for the purpose of carrying out the provisions of this Act and the regulations made thereunder set up the following committees, namely:-

(a) Finance Committee consisting of-

(i) the Chairman;

(ii) the Vice-Chairman;

(iii) the Secretary to the Government of Himachal Pradesh in the Department of Education or an officer of that Department not below the rank of an Under Secretary nominated by him;

(iv) the Sectary to the Government of Himachal Pradesh in the Department of Finance or an officer of that Department not below the rank of Deputy Secretary nominated by him; and

(v) two persons nominated by the Board from amongst its numbers;.

(b) Examination Committee consisting of:-

(i) the Chairman;.

(ii) the Vice-Chairman;

(iii) three persons to be nominated by the Board from amongst its members; and

(c) Academic Committee consisting of:-

(i) the Chairman;

(ii) the Vice-Chairman;

(iii) the Director of Primary Education;

(iv) Head of the State Council of Educational Research and Training;

(v) one ??? of affiliated affiliated institution to be nominated by the Board;

(vi) one teacher of affiliated institutions having at least ten years experience as such to be nominated by the Board;

(vii) two outstanding academicians to be nominated by the State Government and one of which may be drawn from the Central Board of Secondary Education or National Council of Educational Research and Training.

(2) The term of nominated members of the committees shall be as may be prescribed.

(3) The Board may, for the purpose of carrying of the provisions of this Act and the regulations made thereunder, set up in addition to the committees referred to in sub-section (1), such other committees as it may think fit or as may be prescribed.

(4) Each committee constituted under this section shall perform such functions, duties and exercise such powers as may be prescribed.

(5) The quorum and the manner of transacting the business of a committee shall be such as may be prescribed.

(6) The Secretary of the Board shall function as Secretary of the committees."

Section 10. Insertion of sections 25-A and 25-B

10. Insertion of sections 25-A and 25-B.- After section 25 of the principal Act, the following shall be added, namely:-

"25-A. Protection for acts done etc. in good faith.-No suit prosecution or other legal proceedings shall lie against the State Government, the Board or any of its committees or any member of the Board or a Committee or any other person in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any regulation, order or direction made thereunder.

25-B. Bar of jurisdiction of courts.- No order or decision made by the Board or any of its committees in exercise of the powers conferred by or under this Act shall be called in question in any court."

Section 11. Amendment of section 26

11. Amendment of section 26.- In section 26 of the principal Act, in sub-section (2),-

(a) in clause (b), for the words "appointed", the word "set up" shall be substituted;

(b) in clause (e), for the word "recognition", the word "affiliation" shall be substituted;

(c) the word "and" occurring at the end of clause (p) shall be deleted; and

(d) The existing clause (q) shall be re-numbered as clause (t) and before clause (t) so re-numbered, the following clauses shall be Inserted, namely:-

"(q) the penalties for misconduct to which examinees, examiners and other persons engaged in the conduct of examinations shall be subjected;

(r) the powers, duties and functions to be exercised or performed by the officers of the Board;

(s) the quorum and the manner of transacting the business of committees set up under section 24; and".

Section 12. Validation

12. Validation.- Notwithstanding anything contained in any judgment, decree or order of any court, the resolution of the Board passed on the 14th February, 1986, in so far as the said resolution relates to the approval of the introduction of plus two pattern of Education with effect from the academic session 1986-1987 and adoption of regulations, syllabus, and text books thereof and anything done or any action taken (including examinations conducted, admissions made, certificates issued, scholarships, prizes and medals instituted and awarded, fees prescribed, institutions recognised, action taken relating to unfair means and any other acts and things ancillary thereto by the Board or its authority or a person acting or purporting to art in pursuance of the said resolution during the period beginning from the 14th February, 1986 and ending with the commencement of this Act, shall be deemed to be and always to have been for all purposes validly and effectively done or taken under the principal Act as if the provisions of clause (p) of section 2 of the principal Act, as amended by clause (j) of section 2 of this Act, had been in force at all material times and accordingly-

(a) all resolutions passed, proceedings taken, examinations conducted, admissions made, diplomas and certificates issued, scholarships, prizes and awards instituted and awarded, fees prescribed and collected, institutions recognised, actions taken relating to unfair means and other acts or things done ancillary thereto, shall, for all purposes be deemed to be, and to have always been done or taken in accordance with the law;

(b) no suit or other proceedings shall be instituted, maintained or continued in any court against the Board, or any person or authority, whatsoever for setting aside any action taken or thing done merely on the ground that the Board, the person or the authority was not competent to do so and amendments made in the principal Act by clause (j) of section 2 of this Act were not inforce at all material times when such action was taken or thing was done; and

(c) no court shall enforce any decree or order setting aside any action taken or thing done by the Board or its authority in pursuance of the resolution passed on 14th February, 1986 for the introduction of plus two pattern of education with effect from the academic session 1986-1987.