G50 - — #2149-164- 0.2 10/19% 2. te of Assent रे... DatDae of Publication 224019 52 पथ THE MANIPUR HIGHER SECOMNMDARY EDUCATION ¥, 1992 A BHE: A J- to provide for the establishment of a Council to regulate, supervive and develop the Higher Secondery Educatien in the State of Manipur. BE it enacted by the Legislature of Manipur in the Forty-third Year of the Republic of India as follows — 1. Short title, extent and commencement.—(1) This Act may be called the Manipur Higher Secondary Fducation Act. 1992, (2) It extends to the whole of the State of Mugipur. . (3) 1t shall come into force on such date as the State Government may,, by notification in the Official Gazette, appoint. (4) Frem the date on which this Act comes into force, the Manipur University or the Board of Secondary Education, Manipur shall cease to exercise its jurisdiction over the plus two stage of education imparted in the Colleges or the Higher Secondary Schools respectively in Manipur: Provided that the Manipur University or the Board of Secondary Education, Manipur shall continue to have the same jurisdictions as it now exercisad by it over the Colleges or Higher Secondary Schools till such time as the State Government may, by notification in the Official Gazette, appoint.
-~ < 2. Admission of Institutions in other states and Administration to the -previleges of the Council.— Notwithstanding anything contained in Section 1, any Qovernment of 2 State or Territory or Administration other than the Government of Manipur may apply to the Council for being admitted to the previleges of the Council and the Council may, subject to such conditions as it may think fit to jmpose, admit such State or. Territory or Administration to the previleges of the Council. 3. Definitions.—In this Act, unless there is anything repugnant to the subject -or context :— (a) “Council” means the Council of Higher Secondary Education established urder this Act ; (9) «Chairman” means the Chairman of the Council; (¢) “Controller of Examinations” means the Officer conducting the Examinations of the Council; (d) “College” means a College or a Department of a College giving intructions in plus two or plus two plus three stage of education and preparing students for ecither Higher Secondary School Leaving Certificate Examination or Degree Examination of the University or both; (e). ‘“Education Department” means the Departm'cnt of Education of the Goveinitest of Manipur; (f) “Fund” means the Higher Secondary Educatien Council Fund constitu- ted under this Act; () “Govcmmon.t” means the State Government of Manipur; (h) “Higher Secondary Education” means such education as is designed to meet the needs of the plus~two stage which follows immediately the stage of Secondary Education and precedes immediately the stage of ‘Degree or Diploma Educatioacontroled. : by s - University-established by law in India ora Council “coastitated by the Government-for this - purpose; (i) “Higher Secondary ‘School” .means @ sehook or. Depastment of 2 school giving instructions in Higher Secondary Education and pre- paring for the Higher “Qeconidary 'Sehoot - Led¥ing - Certificate Examina- tion; . तु) «Notification™ " eans 2 notification “published in the Official -Gazette; (k) “Principal” means the head लि of 4 Higher Secondary School or College by whatevér name he or she is designated; < () “Regulation” means a--gegulation.made by धर Gouncil - vader ~ this Act; (m) “Rule” means s rule made by the’ State’ Government Ghder this Act; £ (@) ‘“Seoretary’™ “mesns 58 thé’ Seéretary of’ the Council; ' ** 00 “Stae™ means thie* Staté ofManipur;
3 4. Incorporation of the Council and its statas.—(1) The Government.shall. as . -Soon as:may, affer -the:commencement ‘Gf* thiss Act, establish*by - natifica tionp a . ~Couneil t6.-be called - the Cowncil of H,j»,‘fl-her‘-'Se_‘c’o"vnda'r‘y‘_j_fifld‘u”catx_v’on, Masipar..for regulation, supervision and -develépment 'of Higher-Secondary Educafion ia accop- dance with the provisions of this Act. - (2).. The Council shall be a body corporate having perpetual succession and a common seal and shall have power to -&equire: .and. vhold':p“‘rope'rt-y;-wbdt_‘hs‘m"vova‘-ble and immovable, and to trapsfer any property: held by’ it and:ts do alk-dthier things necessary for the purpose of carrying out its duties and functions.and-shail by thhe."sa‘fi-'id' name.sue” or be -sued, हर न है «एव रह AR 3. Constitution of, the Couneil.—(1), The, Council shall, consist. of, the.,_.’followmg'. ~* @) "EX-OFFICIO MEMBERS . () The Chairman of the Couneil, 5 (D)1 The 'Dircctwo'r. of Education है) (iii) The Director of सवपट्यपिंणा (53%, कैच एां0प7, (iv) The Director of State Council of Educatiopal Manipur. e Lt Dl ain {v). The Controller of Technical-Education; Manipur. (vi) The Director, Sports and Youth Affairs, Manipur. (vii)" The Chairman, Board of Secondary Education; Manipur. (viii) The Seeretary of the Council. - o - (b) .MEMBERS. TQ BE NOMINATED (i) 00८ 'Prm'cipal from the Dogreo Colleges. ~ (D) One Principal from. the, Colleges having. plus two courses. - (i) i.éne,..Pn-“'nci”‘pal_ from.._th'e‘f Higher Secandary Sehools. " (iv) One Principal from the Girlg’ Colleges or the Gigls’ Higher Secondary Schools. (%) .One Principal from the Aided. Collogos. (vi) One teachers’ representative from the Colloges. - O One teachers” representative from, the, Highior, Secondary .Schools. =+, (viig)- One»rvewpre_s'ent.a'tive ofh-:t“he'»‘M.a‘n'iput— University on the r‘cco"m"""n:d’”"at_ion of the Vice-Chancellor. , ७, o (ix) - One,..renresven‘ta*u'(ve of the -Manipuri Sahitya Parishad. (x) One Educationist who is not a Government employee. ), N?,o_htim,___‘__hs‘_ta,}.n,_,gi_,m'é_‘_”,g,, anything contained. in. this section..the Council shal} ,._,ha_,,‘ve,“w_‘.th_"e{’f,.h_.po'.'w‘“‘,ve""r- 9 ‘co-opt ‘net fgore . than ; three. members-. from amongst::the ~distifiguished " éducationists of the State. _ RN SR L S व
4 6. Publication of names of the members of the Council.—The names of person nominated or co-opted as members of the Council, shall be published by noti- fication in the official Gazette by the Government. 7. Terms of O ffice of members.—(!) Nominated members shall hold office for a term of three years from the dafe of the notification published upnder section 6 and the term of office of co-opted members shall terminate on the same date as that of the nominated membefs: Provided that the Government may, by notification in the Official Gazette, extend the term not exceeding 006. year. (2)_ Notwithstanding the exzpiry of the term of three years specified in sub-section {1} the term of office of the outgoing members shall be deemed to extend tc the date on which the namesg of the pewly nominated members are published wurnder sscticz 6. 8. Disgualifcations for momberskip.—(1} A person skall not be eligible for nomination or co-cpticn asg msmbers of the Council or of the Committees formed by it, if ke — (a) bas been adiudped by & court of law to be of unsound mind; न Y} is an undischargsd insolvent; er (०) हि पर नम has been convicted by 2 court 0 उटजरा हिजा an offence involving moral turpitude. (2) If 2’ pominated of co-cpted member of the Council or any Committee formed by it, becomes, subject to any of the disqualifications specified in sub- section (1), his membership shall cease with immediate effect. (3) All disputes relating to the eligibility of any person for nomination/ co-option, shall be referred to the Government whose decision on such matters shall be final. 9. Resignation of members ang. _casual vacancy etc.—(1) A member of the Council, other than an Ex-officio member, may resign his seat by giving notice thereof in writing to the Chairman, and such member shall be deemed to have vacated his seat from the date of acceplance of his resignation by the Chairman, . : ' ' (2) The Government may, by mnotification, remove any nominated or co- opted member who remains absecat from three comsecutive meetings of the Council without the leave of the Council. , (3) In the event of a casual vacancy occurred by resignation, removal, death or disqualification of a member such vacancy shall be filled by nomi- nation or co-option, as the case may be, in the manner provided in section 5. (4) Any person nominated or co-opted to fill a casual vacancy shall, notwithstanding -anything contained in section 7, Rold office’ for the unexpired portion of the term of office of the member in whose place he is nominated or co-opted, : . ः ः ः 10. Meetings of the Council. - (1) Ordinary mectingsv—T'he Council shait meet not less than four times a year, but four months shall not intervene between two successive meetings. ' o T
5 2) Special mectings.—The Chairman may, at any time and shall upen requisition macde by not less than one-third of the members of the Council other than the ex-officio members and on a date nct more than twenty-one days of the receipt of such requisition, cail a special meeting of the Council. (3) Fourteen days’ notice shall be given for ordinary meetings and seven days’ notice for special meetings of the Council. (4) The Chairman shal! preside over the msetings. In his absence one of the members seiected by the members present may preside. 11. Quorum: Proceedings pot invalidated by resson of vacancies.—(1) Cne- third cf the total number of members of the Councii shall form a guorum. for' a meeting of the Council (2) Subject to the previsions contained in subesecticn (1> mpo act or Proceedings of the Council skall be invalid merely by reason of the exisience of any vacency among the members of the Council. 12. Officers of the Coummcil.—(1} The following shall be the officers of the Councii.— (a) The Chairman (b) The Secretary () The Controller of Examinatioas (d) The Deputy Secretary {Academic) (६) The Deputy Secretary (Adwinistration). (2) The Government shtaii appoint on depatarion an officer, who is working as the Director of Education (U) or th: Directer of Education (3) or a semior Princiral of a Gevernment Ccllege, as the Chairman of the Council for a term of three years which may be shortened or extended by one year each time by the Government. ] (3) The Government shall appoint on deputation an officer of the Edu- cation Department, pot below the rank of Additional Director or Selection Grade Lecturer in the College, who has rendered at least twenty-three years of service of which at least fifteen years in teaching and three years in administrative capacity, as the Secretary of the Council for 2 term of three years which may be shortened or exiended by one year each time by the Government. ! (4) Thbe Government shall appoint om deputation an officer of the Edu- cation Department who has rendered at least twenty years service in teaching with at least five years experience eof conducting public examinations in supervisory capacity, as the Centroller of Examinations of the Council for a term of three years which may be shortened or extended by onme year each time by the Government. : (5) The terms and conditions cf services, qualifcations and mode of recruitment of the Deputy Secretary (Academic) and -the Deputy Secretary (Administration) shall be prescribed 5y the Council by regulations subject to the approval of the Goverament. , _ (6) The Council may appeint such other officers and .employees as it may consider necessary for the efficient discharge of its functions nnder this ‘Act ‘'on such terms and conditions as may be determined by regulations - made - by the Council subject to the approval of the' Goverams=at.
6 13. Powers and daties of the Council. —Subject to the provisions of this Act and rules made thereunder, the powers and duties of the Chuncil shall be as follows, namely— : (i) to prescribe curriculom, syllabus and courses of inmstructions for plus two stage which may be imparted in a College or Higher Secondary School; ) (i) t> conduct examinations based on such courses; (iii) to conduct any other examination which the Goverament from time to time may by potification specify; (iv) to admit to its examinations, on such conditions as may be prescribed by regulations, candidates who have pursued the prescribed course of instructions and also to take such disciplinary actio® against candidates as may be prescribed by regulations; ‘ (v) to demand and receive such fees as may be prescribed by regulations; (vi) to publish the results एव the examinations; (vii) to graat certificate to students passing the examinations; (viii) to institote and award scholarships, prizes etc.; (ix) to prepare, prescribe and publish text-books and supplementary books; ' (x) tolay down counditions of recognition of Highsr Secondary Schools and Colleges having plus two courses; (सं) to recognise Higher Secondary Schools/Colleges running plus two courses and withdraw such recognition; (xii) to take such disciplinary action as it may think fit against insti- tutions as prescribed by regulations; ' (xiii) to 2000 measures for study and examination of problems in the लात of Higher Secondary Education; - {ziv) to advise the Government 00 .physical, moral and social welfars of students in recognised inst.itutmns and to prescribe conditions of their residence and discipline; (xv) to prescribe necessary qualifications of teachers in recognised insti- tutions; @xvi) to receive grants from the Government aad donations from private individuals or associations for specific or general purposes; (xvii) to organise seminars and provide im-segvice teachers fraining courses; (zviii) to call for rzports from the Directors of Education regarding the conditions of recognised institutions or of the inmstitutions applying for recognition; (zix) to advise the Government on re-organisation and development of Higher Sccondary Education; : (xx) to advise the Government relating to -any matter within the pro- visions of this Act on which the Governmeat cons ult the Council;
7 (xxi) to appoint officer and other employees of the Cou by regulations the terms and conditions A AT (xxii) to institute, by regulations, for the benefit of its officers and other employees, such schemes as pension, gratuity and provident fund as it may deem fit in such manner and subject to such conditions as may be prescribed by regulations; (xxiii) to delegate any of its powers to any Committee constituted under this Act; ncil, and prescribe of their services; (xxiv) to administer the Higher Secondary Education Council Fund; (%xv) to receive, purchase and hold a which may become vested in i the property, movable and or ; to- do all other acts incidental (xxvi) to do all such acts and things the purposes of this Act; (xxvii) to perform such other functions as may be assigned to it by the Goverament. Ny property, movable and immovable t, and to dispose of all or any of mmovable belonging to है, and also or appertaining thereto; as may be necessary to carry out 14. Powers of the State Govemment.—-Notwithstanding anything - contained in this Act.— - (1) The Goverament shall have the right to address the €ouncil with reference to anything conducted or done by the Council and to communicate its views on aay matter with which the Council is concerned. (2) The Council shall report to the Governme ot such action, if any, as it proposes to take or has taken, on the communication of the Government. (3) The Goverrment may after consultation with the Council issue such direc- tions coansistent with the provisions of this Act, as it may think fit ang the Council shall comply with such directions.. (4) The Government may, by order in writing specifying the reasons thereof, suspend the execution of any resolution or order of the Council and prohibit the doing of an act ordered to be done by the Council, if the Government is of the opinion that such resolution, order or act in excess of the powers conferred upon the Council by or under this Act. (5) The Governmeat may, after coasultatio Or remove a2 member whose coatinuance as a memb n with the Council, suspend to be detrimental to the interest of the Council er of the Council is considered 15. Constitation of Higher Secondary Education Council Fund,—A fund to be called Higher Secondary Education Council Fund shall be coastituted and all sums received by or on behalf of tae Council uoder this Act shall be placed to the credit thereof. - 16. Custody and investment of the Higher Secondary Education Council Fund.—All moneys at the credit of the Fund shall be kept in the State Bank of India or the Manipur State Co-operative Bank Ltd. or in any nationalised Scheduled Bank as the Council may determine.
& . 17. Application of the Fund.—Subject- to the. provisions of this Act, the Fung shall be applicable only to the payment of the charges and expenses incidental to matters specified in this Act. 18. Audit of the Account of the Couricili—The accounts of the Council shall be audited only by such agenCy as may be specified by the Government and a copy of the audited accounts shall be submitted by the Council to the Government by such date each year 93 the Governmeat may specify- 19. Powers and duties of Chairman.—(1) It shall be the duty of the Chairman to see that the provisicrs. of: this Act and the- rules and regulations made under it are faithfully observed and the decisions of the Council are. dualy implemented and he shall have® all the powers necessary for the purpose. (2) - The CEairman shall havé the power to copvene meetings of the Council. (3) When any emergency arising cut of administrative busidess of the Council pequires, in the opinion of the Chairman, that immediate action should be taken the Chairman shall take such action as he deems necessary and report bis action to the Council at its next meeting. (4) The Chairman shall exercise such other powers as may be prescribed by regulations. ‘ 20. Powers and duties of the Secretary.—The Secretary of the Council shall be the Principal Administrative Cfficer, #nd shall subject to the control of the Chairman, perform such duties as may be prescribed by regulations. 21. Powers and duties of other Officers.—Other officers shall bave such' powers and duties as may be prescribed by regulations. 2 (जा (६९६5 of the Council.—{I) The Council shall, for the purpose of carrying out its duties and functions’ imposed ender this Act, appoiot the following committees, namely,— (i) Curriculim apd Syllabus Comumittee (i) Eamination Committes (fii) Recognition Committee (iv) Finance Committee (v) Administrative Conimittee (vi) Such other committees as may be found- necessary. ~ (2) Every such comimittee, shall consist of such mefnbers of the Counicit and such other persoms as the Council may appoint. ' (3 Every. such committee except the Administration Committee and the _ Examination Committee, may co-OPt. persons to be member to tHe. exfént of ~ onme-third of the -mambers appointed to it. : T (4) Members cof such committées shall hold office for such time as the Council may determine.
9 _(5) .Subject to ike proyisigns of thig Act and_the rules made thereunder the duties, and functions of the committees shall be determined by regulations. 23, Exercise of powers delegated by the Council to Committees.—All matters relating to exercise .of powers conferred upon the. Council by this Act which are by regulations delegated to any committes appointed under sectiom 22 shall stand. referred to that comumittee, and the Council before exercising such powers shall reéceive and- comsider the report or recemmendation of the committee with respect to the matter in question.’ 24. Powers of the Council to make regulations.—(1) The Council may subj to the approval of the Government make regulations for the purpose of carryiz out the provisions of this Act. Putpose of carrying (2) Ino particular and without prejudice to the generality of the fi i powers, the Couneil may make regulations providisg for all or ayny of the नि matters, namely.— " ः (8) the coustitution, powers and duties of committees appoi poder section 22; ees appointed (b) courses of stady to be laid down - for. different examinations; (c) marks required for passing in any subject and the examination _as. a_whole, and for credit and distinction in any subject; (d) qualification, appointment and remuneration of examine setters and. others; व की paper (e) conducting examinations and publishing results; (3] cond'itions of recognition of Higher Secondary Schools and Colleges running plos two courses; (g) conditions under which candidates shall be i examinations ©of the Council; admitted to the (h) disciplinpary measures for malpractices in examinations; (i) fixing of fees and charges in respect of examinations; (j) provident fund etc., for the benefit of the employees of the Council (k) rate of travelling and dajly allowance to the non- i of the Council or committees; on-official members (1) delegation of powers or assignment of functions t itf formed under this Act; 0 committees (m) all matters which, by this Act are to be or . for by regulations : may be provided Provided that all regulations', alterations and revocations th subject to the approval of the Government and published by notierfiecaOftiOShn.al 1 ९० 25. Council to furmish reports, returns etc. te the Government.—The एठफ़ाला N .~—1he shall furnish to the Government such reports, returns and statements andos’unch other information relating to any matter under the comtrol of the Council as the Geovernment may require. ~
16 26. Powers of the Government to constitute the Council.—1f in the opinion of the Government, the Council has shown its incompetence to perform of persistently made default in the performance of the duties imposed, or exceeded or abused the powers conferred upon it by or under this Act, the Government shall formulate in writing specific charges against the Council in tespect of those matiers and shall foiward a copy of such charges to the Council with direction to submit any comments 0 -explanations in 1ESpect thercof to the Government within such period as may be specified in this behalf. After the consideration of the comments or explanations submitted by the Council, the Guvernment may. if it thinks fit, by notification supersede the Council and the-eafter recomstitute the Council in accordance with the provision of section 3. 27, Vesting of powers #ili reconstitition of the Conacil. —Until the Council is reconstituted after supersession, under ssction. 26, the duties and powers of the Council shall be performed and exarcised by and the property of the Council shail vest in such person OY anthority as the Government may specify by notification. ’ 38, Power of the Goverament to make rules.—(1) The Government may make rules for carrying out the purposes of this Act. . (2) Every rule made under this Act chall be laid before the Manipur Legislative Assembly as soon as possible affer it is made and shall be subject to such modifications, if any, as the Legislative Assembly may make during the session in. which it is laid or the session immediately following.