Assam act 017 of 1984 : The ASSAM HIGHER SECONDARY EDUCATION ACT, 1984

920 THE ASSAM GAZETTE, EXTRAORDINARY APRIL 18, 1984

ASSAM ACT NO. XVII .OF 1984

- ·::...,--,i,.r~"-"

(Received the assent of the Governor on 16th April , 1984)

•

THE ASSAM HIGHER SECONDARY EDUCATION ACT, 1984

An

I .,...,

<

Act

to provide for the establishment of a Council to regulate. supervise and develop Higher Secondary Education (plus two stage) in the State of Assam .

Preamble,

Short title,

extent^and

commence-

ment.

...

Whereas it ·is expedient to ~stablish a Coun- cil to regulate, supervise and develop the system of Higher Secondary Education (plus two stage) in the State of Assam.

It is hereby enacted in the Thirty-fifth Year of the Republic of India as follows :-

1. (1) This Act may be called the Assam Higher · Seconda-ry Education Act,

1984. .

(2) It extends to the whole of Assam.

(3) It shall come into force on such date as the State Government may, by noti- fication in the Official Gazette appoint.

(4) From the date on which this Act comes .into force, the Gauhati University or the Dibrugarh University or any other University or any Board of Education shall cease to exercise its juiisdiction over the institutions imparting Higher Secondary Education or P.U. (Pre- University), P.D. (Pre-Degree) courses running; in the Colleges under the Gau- hati University and the Dibrugarh University respectively recognised by the Government 0:£ Assam~

2

- . THE ASSAM GAZETTE. EXTRAORJ?INARY, APRIL. 18, 1984 921 ' Provided that the Gauhati University or the Dibrugarh Unive;:sHy or the Board of Seci'.m- dary Education shall continue to have the same jurisdictions as is nmv exercised by it over the ·Colleges/Rig' ;er Secondary Schools . till such time as the 3tate Government may, by notifi- cation in the Official Gazette appoint. Afdlnmis.sioJ?. 2. •Notwithstanding anyt'hing contained in o st1tut1ons • · f i T

in o ther Sect10n 1, any Government of a State or er- stat ~~ .and ritory o~ t\.dmini:::tration othe ... than the Govern- Adm1mstra- •

tion to the ment of A. f·r:,1 r1' 8 Y anply to the Council for ;ret~i~eges being admitted to the previleges of the Council Council. and the Council may. subiect to. such conditions as it Il}ay think fit to impos·e, admit such State or T.erritory or Administration to the previleges of the Counci l.

Definitions. 3. In this P_ct, unle;:s there is anything repugnant tn the subiect or context: /

(a) "Council" rrieans the Council for Higher Secondary Education establi- shed under this Act ;

'(b) "Chairman" means the Chai'rman of the Couneil.

:-~1![""'".""'"7:-l~ • '

(c) "Controller of Examination" means the Officer conducting the Examinations of the Council.

(d) "Education Department" :t,neans the Department of · Education of the Government of .Assam.

· (e) "Fund" means the Council · for Higher Secondary Education Fund constituted . under thi.s Act ; ·

(f) "P rincipal" means the head of the teach ing staff of a: Higher Secondary School or College by whatever name he or she is · designated ;

3

f'.122 THE ASSAM GAZETTE, EXTRAORDI~ARY, APRIL 13, 1%4

,

' (g) "Higher Secondary School" means a School or Department of a School giving instructions in Higher Secon- dary Education (plus 'two stag@) and preparing students for Higher Second- dary School Leaving Certificate Examination. ·

(h) "Junior College" means a College or Department of a College giving instructions in plus two stage and preparing students for Higher Secon- dary School Leaving Certificate Examination.

~-! ... -;---,.,..,,~ ~·-""~t~ > ':;_. -·

. · . i

(i) "Managing Committee" means a Mana- ging Committee of a Higher Secon- dary School.

(j) "Governing Body" mean_s a Governing Body of a College .

(k) «Recognised" means recognised by the Council for the· purpose of; admission to the previleges of the Council or:

prior to recognition by the Council by any University established by law in India or · by any Board recognis·ed by the State Government.

(1) "Regulation" means a regulation made by the State G;0vernment under this Act;

(m) "Rule" means a rule made by the State Governn:i~nt under this Act ;

(n) . "Higher Secondary Education" means such education as is designed to meet the needs of the plus two stage which folJows immediately the stage nf Secondar y Education and precedes

" immediately the ~ stage of D~,1".~E) or

4

THE ASSAM GAZETTE, EXTRAORDINARY. APRIL'I80 1984 923 Diploma Education controlled oy the

' University established bY law in

India or by a Council constituted by Government for this purpose ;

Establish•

ment of the

Council and

jtS status.

(o) "Secretary~' means the Secretary of the Council.

(p) "Notification" means a notification puo-

lished in the Official Gazette.

(q) "Government" means the State Government of Assam.

(r) "State" means the State of Assam.

4. (1) The Government shall as soon as may be after the commencement of this Act, establish by notification, a Council for regulation, superv1s10n and development of Higher Secon- dary Education in accordance with · the provisions of this Act. ~. :;,;;:-~ - -· - · - ·,]

Gonst ;tution

of the Cour.-

ci I.

(2) The Council shall be a body · corpo- rate having perpetual succession and a common seal and shall have power to acquire and hold property, both movable and immovable, and to transfer any property held by it, necessary for the purposes of carry- ing out its duties and functions, and shall by the said name sue or be ~ sued.

5. (1) The Council shall consist of the fol- lowing members namely '.-

(i) a Chairman to be nominat ed by the Government.

5

/ f . 9f4- THE ASSAM _9AZETTE. EXTRi\.ORDINARY, APRIL 18, 1984

Ex·-Officio Mem hers :-

(ii) Director of Public Instructions, Assam. -Vice Chairman. ,

(iii) Director of Agriculture, Assam. {iv) Director of Technical Education, Assa,rn.

(v) Director of Health ,Services, As- sam.

(vi) Director of Industries, AssaJ. · , (vii) r>ean, Assam Agricultural Col- lege, AAU, Jorhat.

{viii} Dean, Assam Veterinary College, AAU, Khanapara.

(ix) Chairman, Board of Secondary Education, Assam.

Members to be nominated eby the Government

(x) One Inspect.or' of Schools. ,~:y. -· ~ ~

' "t "" ' 'l

(xi) One Principal from any Govern- ment Higher Secondary Schools.

(xii) One Principal from any' Pro- vincialised Higher "" Se.condary Schools.

(xiii) One Principal from Colleges under the University,

any Deficit

Dibrugarh

\

(xiv) ·one Principal from · any Deficit Colleges¹under the Gauhati

University.

0

I

0

THE ASSAM GAZETTE. EXTRAORDINARY, APRIL 18, 1984 925

'

(xv) One Principal from any Govern .. ment Colleges.

(xvi) One representative of each of the Universities of the State on the recommendations of respective Vice-Chancellors.

)

(xvii) One Principal from any Teachers' Training Colleges.

(xviii) One Principal from any Engine- ering Colleges.

(xix) Two Principals from Junior Col- leges-On_c from each University.

(xx) Two representatives 'from recog- nised Higher Secondary School/ Junior College Teachers' Associa- tion.

Co-opted Me_mbers :

(xxi) The Council shall have power to co-opt not more than three members from amongst the dis- tinguished education.ists of the State.

(xxii) The Government shall appoint an officer of the Government as Ex- Officio Secretary of the Council who shall also be an Ex-Officio member of the Council. The

emoluments of the Ex-Officio Secretary shall be determined by the Government iiJ.nd shall be paid from the Council's fund.

(2) The Chairman shall 1:-e nominated by the Government for a term of three years and shall be eligible for re-nomina ... tion for a second term only.

. '

7

S26 THE _ASSAM GAZETTE;. EXTRAQRDINARY APRIL 18, 1984

(3) The Government · may remove the Chairmatl' before the expiry of his term of appointment by · giving one month's notice thereto, in writing, if the Govern- ment considers his continuance as ·chair- man, fox: good and sufficient grounds, to be detrimental to the interest of the Council.

(4) The emoluments · of the Chairman and ' other terms and 'conditions of.. his ser- vice shaU be determined by the G_overn- . ment and such emoluments shall be paid fro:rp the Council's fund. ~

(5) The Chairman shall presid~ over all th.e · meetings of the Council and of the dif- ferent committees constituted by it. In the absence of the Chairman, the Vice-

. Chairman shall preside over the ·meet- ings of the Council or of ~ any committee. Pnhlication'ifi 6. The names of persons nominated or co- ~1~/~~~b~!sopted as members of the Council, shall be pub- oi the Coun-lished by notification in the Official Gazette by cJ • the Government .

Term of ;i

Office of >::.

m mbers.

.... f_'- ,,,-<;-.o'.

7. Term of Office of members -

(i) Nominated members shall hold office for a term of three years from the date of the notification published under Section 6 and the term 'of office of co- opted members shall terminate on the same date as that of the nominated members:

Provided that the Government may, by notification, in the Officfall Gazette, extend the. term not exceeding one ... year.

(ii) Notwithstanding the e~pfry of the term of three years specified in clause (i) .....____:.. _____ _

,

..

8

·THE ·ASSAM GAZETTE. EXTRAOFDTNARY~ APRlL l~,.198-.W,7 · r > ' «.·.· Disqualifi- .

cations for

membership

J

... :- ~· - Resignation '· of m~mbcr ' and casual vacancy etc. the term of office of the outgoing mem- bers shall be -deemed to extend to the

. · date on which the names of the newly nominated members are published under Sectio.n 6.

8. (1) A person shall not oe eligible for nomination or co-option as a member of the Council or of the Committees

.. . "~

formed by it, if he -

(a) has ·been adjudged by a ·court of. law to be of unsound mind ;

(b) is an undischarged j:nsolvement;

(c) has oeen convicted by a court of law for an offence involving. moral turpitude.

(2) If a nominated or co-opted meml:ier of the Council or any Committee formed by it, becomes, subject to any of the disqualifications specified in sub-sec- tion (I), his membership shalrcease.

(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. (1) The Chairman may resign his seat by giving notice thereto in writing to the .Government and he shall be deemed to have vacated his seat from the .date of aceeptance of his resignation / by the Government.

(2) A member of the Council, other than an Ex-Officio / memb~r may resign his ·seat by giving notice thereof in writing to the Chairman, and such

9

+ 928 TH~ ASSAM GA~ETTE. EXTI~AO-RDINAR~ APRIL 18, 198.4 . member shall be deemed to have

vacated his seat from the date of

acceptance of his- resignation by the

Chairman.

(3) The Government may, by notification, remove any nomina~ed or co-opted member who· remains absent from three consecutive meetings of the CQuncil without the leave of the Council.

(4) In the event of a casual vacancy oc- ·curred by resignation, removal, death or disqualification of a member, such vacancy shall be filled by nomination or co-option, as the case may be in the manner provided in Section 5:

(5) Any person nominated or co-opted to fill a casual vacancy shall hold office for the - unexpired portion of the term of office of the member in whose 'place he is nominated or co-opted. Meeting of 1 O (i)

tht Counci l. ·

Ordinary Meetings-The Council shall meet not less than thrice a year, but four months shall not intervene between two successive meetings.

(ii) Special Meetings-The Chairman, may, at any time, and shall upon requisi-· tion made by not less than one:-third of the members of the Council othe·r than the ex-officio members and on a date not 'more than twenty-one days of the receipt of such requisition, call a . special meeting of the Councit

(a) Twenty-one days' notice shall be given for ordinary me~tings and ten days' notice for special meetings of the Council.

10

. '!ID,; A§SAI,\1 GAZETT,E,; EXTRAORDINARY, ~~RJL · 18.198-4 929 Quori.lID :

Proceedu1gs

not i nvaJi.

dated by

rca»on of

vacdcits.

Ofliceri of

the

c u.uc:il.

-11. {i) Nine members of the Council shall

·form a quorum for a meeting of the

.Council '

(ii) Subject to the prov1s10ns contained in sub-clause (i) np act OF proceedings of the Council shall ·be invalid merely by reason of the existence of any vacancy among the members of the Council.

12. (1) The following shall be the ofikers of the Council :

(i) The Chairman,

(ii) The Secretary,

(iii) The Controller of Examination,

(iv) The Deputy Secretary (Academic,,

(v) The Deputy Secretary (Administration).

(2) The Council may appoint such other officers ·and employees as it may considers necessary for the efficient discharge of its functions under this Act on such terms and conditions. as · may be determined by regulations made by the Council subject to the approval of tJ:;ie Government . .-:··T.r .,. ~- . ....

.Powers and

duties of the /

Council.

' o:

1 13. (l) Subject to the prov1s1ons of this Act the powers and duties of the Council shall be as follows, namely : ~ .

(i) to prescriOe currieulum, syllabus, and courses .of instructions for · Higher Secondary· Stage which may be frn- parted in a College or Higher Secon-

. dary School ; '

(ii) to conduct examinations based on such courses ;

11

• I ~30 THE . ASSAM G~ZETTE EXTRAORDI°NARY APJU~

.. .

. (iii) to admit to its examinations, .on condi- tions that may be prescribed by

regulations, candidates who .... have pursued the prescribed courses of

instruction and also to take such

disciplinary action against candidates as may be prescribed by regulation ;

(iv) to demand and receive such fees as may be prescribed by regulations ;

(v) to publish the results of its examina- tion ;

..., ......

(vi) to grant certificates to · students pas- sing the examinations ;

~-·:

(vii) to institute and award scholarships, prizes etc.

(viii) to prescribe and select text books and supplementary books;

(ix) to . lay down conditions of recognition of ·Higher Secondary Schools, and junior Colleges·;

(x) to recognise Higher Secondary Schools and to withdraw such :re~ognition;-

(xi) to take such disciplinary action as it thinks fit against institutions as p r escriqed by regulations;

(xii) to adopt measures for study and examination of problems. in the field of Higher Secondary Education;

(xiii) to advise the ·Government on physi- cal, moral and social welfare of stu- dents in recognised _institutions, and to prescribe conditions of their resr- dence and discipline ;

/ .

12

THE ASSAM GAZETTE, __ E~'l'RAORDINARY, APRl_L 18, 1934 931 {xiv) to prescribe necessary qualifications of teachers in .recognised Higher Secon-

dary Schools ;

(xv) to receive grants from the Govern- ment and donations from pdva'te and individuals or .associations for specific or generaLpurposes;

(xvi) ·to call for reports from the Director of Public Instructions regarding the .·conditions of recognised institutions 0r of institutions applying for recogni- tion; · ·

(xvii) to advise the Government on .. re- organisation and dev

(xviii) to advise the Government relating to any matter within the provisions of this Act on which the Government may consult the Council ; ,

(xix) to appoint officers and other em- ployees of the Council, and to pres- 'cribe by regulations the terms and conditions of their services ; .. ·;,;:,t~~.

(xx) to .institute by reguia.t:~ons for -the benefit of its officers and other em- ployees such pension, gratuity and provident fund as it may deem fit in ~uch manner; and subject to such conditions as may be prescribed by . regulations.

(xxi) to delegate any of its1 powers to any :r.- Committee · constituted under this Act;

(xxii) to administer the Higher Secondary Equcation Council Fund ;

13

932 THE ASSAM GAZETTE, __ EXTRAORDINARY, APRIL 18 , 1~8~

(xxiii) to receive, purchase and hold any pr operty, . movable or immovable, which may become vested in it, and to dispose of or any of the pro- perty, movable Qr immovable belong- ing to it, and also to do all other acts incidental or appertaining thereto ;

(xxiv) to do all such acts and things as may be necessary to carry out the pur- poses of this Act.

(2) It shall be the endevour of the Coun- ' cil to prepare and publish text books and Supplementary books through · the Assam State Text Book Produc- tion and Publication Corporation Ltd. , a Government undertaking.

If, however, the Assam State Text Book Production and Publication Cprporation Ltd. , fails to prepare and publish text books and supplementary books within a reasonable period, the Council will have freedom to prepare and publi~h them through any other agencies or under its own contrql giving proper notice to the Assam State Text Book Production and Publi- cation Corporation Ltd.

Powers of 14. Notwithstanding anything contained in the Govern· this Act _

ment. ,

, _

(1) The Government shall have the right to address the Council with reference , to anything conducted or done by the Council and to communicate its views on any matter witl:i which the Council is concerned.

(2) The Council shall report to the Government such action, if any, as it proposes to take or has taken, on the communi~ation of the Government.

14

/

.. .

1'HE ASSAfyI GAZET~E._:_EXTRAORDINA:~Y. APRIL_l8, 1984 933 . - (3) The .Government may ·after consulta- tion with the Council issue such direc-

, tions c~nsistent with ~ the provisions of this Act" as it may think fit, and the

Council shall comply with such direc-

tions.

(4) The Government m~y, by order in writing specifying the reasons thereof, suspend the execution of ariy resolution or order of the Council and prohibit the doing of an act ordered to be done by Council, if the Government is of the opinion that such . resolution, order or act is in excess of the powers con- ferred upon the Council ·by or under this Act.

(5) The Government may, after consulta- tion with the Council, suspend or re- move a member whose continuance as a member of the Council is consi- dered to be detrimental to the inte- rest of the Council.

Constitution . 15. A fund to be cailed Higher Secondary s~c~~~~; Education Council Fund shall be constituted and Education all sums received by or on behalf of the Council Council

Pund. under this Act shall be placed to the credit thereof.

9ustody and 16. All moneys at the credit of the Fund ~~vu~!flr;h_shall be kept in the State Bank of India or . the . er SecondaryAssarn Co-operative Apex Bank Ltd. or in any Education t' i · d B k tl C 'l d t . . council na 10n ise an , as 1e ounc1 inay e ermine. Fund . .

Anplication 1.7: Subject .to the prov1s10ns of this Act, 'the

of the Fund. · .

Fund shall be applicable . only to the payment

pf the charges . and expenses incidental to inatters .

specifi~d in this Act. ·

·;

15

934 THE ASSAM GAZETTE. EXTRAOP.J)IN .\HY, APR.IL 18, 1934 '

,\ udit of the 18 Th t 'f h C · 1 h 11 b Accoun~ of • e aCCOUn S 0 t e OUnCi S a e he c o·u ncil audited only by such agency as may be specified by I' the Government and a copy of the audited ac-

tounts shall be submitted by the Council to the

Government by such date each year as the

Government may specify.

Power~ and

auties of the

Chairman.

' . '

19. (1). It shall be the duty of the Chairman · to see that the provisions of this Act and the regulation, made under it are faithfully observed, and the decisions \ of the Council are duly implemented ' and he shall have all the powers neces- ~ary for this purpose.

(2). The Chairman shall have , power to convene meetings of the Council.

(3) .When any emergency ar~sing ·out of administrative business of the Coun- cil requires, in the opinion of the Chair- ~ man, that immediate action should be taken, the Chairman shall take such action as he. deems necessary and re- port his action . to the Council at its next n;ieeting.

(4) The Chairman shall exercise sy.ch other powers as may. be prescribed by the regulations.

Nwers and · 20 . The Secretary of the Council shall be d.utie.- of Qffi cl 1 11

Sfcretar'y. the Principal Administrative cer, an .s 1a · subject' to the c·ontrol of the . Chairman, pe:rform such duties as may be prescribed by regulation. Powers "nd 21. Other Officers will have such powers duties of l t• other and duties as may be prescribed by regu a ions:

Ofiicers.

Committee.>

of Coundl.

2:l . (1) The C.ouncil shall, for the purpos~ of , carrying out its duties and functions

• •

16

..

THE ASSAM GAZETTE. EXTRAORDINARY, A PR lL 18, 1984 935 Exercise of

poWerS d el•

egated. b);

the Po~,cJI to

domm1ttc~.

imposed under this Act, appoint the

following committees namely :-

' I

(i) Ourriculum and syllabus Committee.

(ii) Examination Committee.

(iii) Recognition Committee.

(iv) Finance 'committee . . '(v) Administration Committee and

(vi) Such other Committees as may be fq~nd necessary.

(2). Every such committee shall consist of such members of the Council and of such other persons as the Council may qppoi11t. _

{3) Every such Committee except the Admini$tration Committee and the , ~~rll1ination Committee, may co-opt persons to be members to the extent of! one third of the ~embers appointed to it. {4.) Members of such Committee shall hold office for such tiµie as the Council may determine.

{5) Subject to the provisions of this Act and the rules made thereunder the duties a:qd functions of the Committees shall be qete:r~ined by regulations.

23. All matters relating to exercise o':Jl powers conferred upon the Council by this -4\ct which are by regulations dele- gpt~d t_o ~nY fOmmittee appointed under section 22 shall stand referred to that ~ommittee, anq the Council before exerCising 'such powers shall receive and ~onsid~r the report or recommendation of t4e Committee with respect to the matter · in question.

17

~

1 936 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 18, 1984

Power of

Council -to

make r gula-

tions.

24. {l) The Council may subject to the approval of the Government make regulations for the purpose o:ii carrying out the provisions o~ this Act.

· (2) In particular and without prejudice to the generality of the foregoing powers, the Council may make re- gulations providing for all or any of the following matters namely:-

(a) the constitution, powers and duties of Committee appointed under Section 22 ;

(b) courses of study to be laid down for different examinations ; ~. (1-rc:

·. ~ 1~:.·;

(c) marks required for passing in any subject and the examination as a whole, and for credit and dis- tinction in any subject;

(d) qualifications, appointment and ~ remuneration- of examiners, pa- per-setters and others ;

(e) conducting examinations ?.nd publishing the results ;

(f) conditions of recognition of' Hig- her Secondary Schools and

Junior Colleges;

"

(g) conditions under which candi- dates shall be admitted · to the examinations ot the Council ;

(h) disciplinary measures 'for malpra- ctices in examinations ;

fl) fixing of fees and charges in respect of examinations ;

18

THE ASSAM GAZETTE. EXTRAORDINARY, APRIL 18, 1984 937

(j) provident fund, etc. for the bene- fit of the employees of the Coun- cil;

(k) rate of travelling and daily al- lowances to the non-official mem- bers of the Council or Commit- tees;

(1) delegation of powers or assign- ment of functions to Committees formed under this Act ;

(m) all matters which, by this Act are to be or may be provided for by regulations :

Provided that 3.ll regulations, alterations and revocation thereof shall be subject to appro- val by the Government and published in the Official Gazette.

Council to 25. The Council shall furnish to the Govern- !Fi~~tu~0-ment such reports, returns and statements and et~. to the such other information relating to any matter Government.under the control of the Council as the Govern- ment may require.

Powers of 26. If in the opinion of the Government, the the Govern-Council has shown its incompetence to perform ment to · tl d d f 1 ' h f constitute or pers1sten y ma e e au t in t e per ormance the Council. 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 respect

of those matters and shall forward a copy of such

charges to the Council with direction to submit

any comments or explanations in respect there-

of to the Government within such period as may

be specified in this behalf. After the considera-

tion of the comments or explanations submitted

by the Council, the Government may, if it thinks

fit, by notification supersede the Council and

19

938 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 18, 1984

thereafter reconstitute the Council in accor- dance~ with the provision of Section 5 and in every such case, the Government shall, as soon as may b~, lay before the Stat!= Legislature a copy of the said notification together with the statement of the reasons which led to such reconstitution. Vesting of d f powers till 27. Until the Council is reconstitute a ter reconstitu- supersession under Section 26, the duties and tion of th~

c~u~c~. powers of the Council shall be performed and Power of.

Government

to make

rules.

exercised by, and the property of the Council

shall vest in, such person or authority as the

Government may specify by notification.

~,:

fr -

28. (1) The Government may make rules for carrying out the purposes of this Act.

(2) Every rule made under this Act shall be laid. as soon as may be after it is made, before the Assam Legislative Assembly while it is iri session 'for a totC\l period of fourteen days, which mC\Y be ~ompri~ed ~~ ope sess~on or in two s11ccesstv~ sessj_ons, and if, b~- fore the expiry of the session ill which it is so laid or the session im- mediately foffowing, the Assam Legislative Assembly agree in making any modification in the rule or the Assam Legislative Assembly agree that the rule should not be made, the rule shall thereafter have effect onl:v, in such modlfied farm or be o:fi no effect, as the case mC!,y: b~; so howe- ver, that ~:µy such ·modification or annulment shall be without -prejudice to the valic:Iity of anythi!lg p:reviously done or omitted to be done under that rule. .. . , ~ -

¥P· SAADULLAH,

Sec.retary to the G9vt. of Assam, · Legislative Department.

' ··- - - ---- - ------------------

20