(1) This Act may be called The Bihar State Vidyalaya Shiksha Samiti Act , 2000.

(2) It shall extend to all districts of the State in phased manner and for this notification shall be issued by the State Government from time to time.

(3) It shall come into force on such date as the State Govt., may, by notification, appoint, and different dates may be appointed for different districts.

In this Act, unless there is anything repugnant to the subject or context:

(1) Primary Schools means such schools which have been established under Bihar and Orissa Primary Education Act, 1919, and Bihar Non-Government Elementary Schools (Taking over of Control) Act, 1976 and which provide education up to class-V at present. But it does not include the minority schools and the schools fully or partially aided by the State Government.

(2) Elementary Schools means such schools which have been established under Bihar and Orissa Primary Education Act, 1919 and Bihar Non-Government Elementary Schools (Taking over of Control) Act, 1976 and which provide education up to class-VIII or from class-VI to VIII or class-VI and VII and from class-1 to VII and it include Primary schools also but it does not include schools controlled and managed by Minority Institutions or by Private Managing Committees or such schools which are fully or partially aided by the State Government.

(3) Basic Schools means such Schools which have been set up under Bihar and Orissa Primary Education (Amendment) Act, 1959.

(4) Minority Primary @ Elementary School means a school administered by a linguistic or a religious minority as envisaged in clause (I) of Article 31 of the Constitution and which is in receipt of Government grants.

(5) Aided Primary/Elementary School means a Private School which is in receipt of Government grants and which is administered by a Managing Committee.

(6) Block Education Extension Officer means a Government Officer of the Department of Primary and adult Education at Block level.

(7) Act means The Bihar State Vidyalaya Shiksha Samiti Act, 2000 .

(8) The State Government means the Government of the State of Bihar.

(9) Vidyalaya Shiksha Samiti means the committee constituted under Section 3 of this Act and registered under the provisions of this Act and it includes also such Village Education Committees which are constituted prior to this Act under the District Primary Education Programme and Speed and shall be deemed to have been constituted under the provisions of this Act and will be registered by the Block Education Extension Officer.

(10) Guardian means the person whose child/children and/or ward/wards are enrolled in the school.

(11) Registered means registered under Section 6 of this Act.

(12) Registering Authority means the Block Education Extension Officer.

(13) Calender year means the academic year as directed by the Government.

(14) Aam Sabha means and implies all the adult who are residing within the feeder area of the School.

(15) Sarva Shiksha Abhiyan means the programme sponsored by the Government of India which is being implemented in selected districts of this State.

(16) District Primary Education Programme (DPEP) means the programme sponsored by the Government of India which is being implemented by the Bihar Education Project Council in 27 districts of this State.

(17) Bihar Education Project Council means the institution registered in the name of Bihar Education Project Council in the State of Bihar under the Societies Registration Act, 1860.

(18) State Elementary Education Development Programme (SPEED) means the Special Programme for Elementary Education, which is financed by UNICEF, AUSAID and other financial institutions.

(19) Chairperson means the Chairperson of the Vidyalaya Shiksha Samiti constituted by this Act.

(20) Secretary means the Secretary of the Vidyalaya Shiksha Samiti.

(21) Feeder area means such area from where children are enrolled in the school or may be enrolled in future.

(22) Vidyalaya Shiksha Samiti Development Fund means the fund established by the Vidyalaya Shiksha Samiti.

(23) Block Development Officer means a Government Officer at Block Level.

(1) A Vidyalaya Shiksha Samiti shall be constituted separately for all Primary, Middle and Basic schools consisting of the following members:

(a) Guardian members elected by the Aam Sabha-9 (Nine)

(b) Non-guardian members elected by the Aam Sabha-3 (Three)

(c) Nominated members by the Mukhiya of the Village Panchayat/Chairman of the Notified Area Committee/Municipality/Corporation-2 (Two)

(d) Headmaster/Head teacher of the school ex-officio member-1 (One)

(2) There shall be a chairperson and a secretary from among the said elected members.

(3) There shall be minimum five (5) women members from amongst the said elected members and it includes the female members from Schedule Caste/Tribe (SC/ST) categories also.

(4) Elected or nominated members shall be of feeder area of the school.

(5) There shall be minimum 1 male and 1 female member of Scheduled Caste and 1 male/female member of Scheduled Tribe, 1 male/female member of other backward caste and 1 male/female member of backward caste from amongst the elected members.

(6) In case of non-availability of the members of either of the two categories, i.e. Scheduled Caste/Tribe (SC/ST), the member shall be elected from alternative category. In case of non-availability of these two categories the members shall be elected from other backward caste/backward caste.

(7) More than half of the members of the Vidyalaya Shiksha Samiti constituted for the schools within the areas under the provisions of Gram Panchayat (Extension of Scheduled Areas) Act, 1996 will be members of the Scheduled Tribes and the chairperson must belong to the member of the Schedule Tribes. For such areas where the population of the Scheduled Tribes is negligible or nil, the Vidyalayas Shiksha Samiti shall be constituted under Section 3 of this Act.

(8) Other teachers of the school may take part in the meeting but they shall have no voting rights.

(9) The inducer of the District Primary Education Programme/State Elementary Education Development Programme/Literacy Committee/Sarva Shiksha Abhiyan who are organising the Vidyalaya Shiksha Samiti, shall be special invitee to the meeting of Vidyalaya Shiksha Samiti.

(10) A member of Women Groups/anganwadi/other womens' organisations will be special invitee to the meeting of Vidyalaya Shiksha Samiti.

(1) The Chairperson and the Secretary of the Vidyalaya Shiksha Samiti shall be elected by the votes of simple majority of the total members of the Vidyalaya Shiksha Samiti.

(2) Either the Chairperson or the Secretary must be a woman.

(3) The Vidyalaya Shiksha Samiti may pass a no confidence motion against the Chairperson and/or the Secretary and shall elect a Chairperson and/or a Secretary from the other members.

(4) The Vidyalaya Shiksha Samiti may entrust the responsibilities of different works to its members by a simple resolution.

The term of the Vidyalaya Shiksha Samiti and that of its office bearers shall be of three (3) years from the date of the constitution of the Vidyalaya Shiksha Samiti.

The Vidyalaya Shiksha Samiti shall be registered as an institution on the basis of the recommendation of the Aam Sabha by the Block Education Extension Officer.

(1) When any member of the Vidyalaya Shiksha Samiti without any satisfactory explanation remains absent from its three (3) consecutive meetings, the Vidyalaya Shiksha Samiti may terminate his/her membership on the basis of vote of a simple majority in the Aam Sabha and vacancies caused by such expulsion shall be filled up as per the provision of this Act.

(2) In case of proved misconduct of life members and office bearers of the Vidyalaya Shiksha Samiti they may be removed from the Vidyalaya Shiksha Samiti by the Aam Sabha after considering the report of Vidyalaya Shiksha Samiti.

(1) The inducer of the District Primary Education Programme/Sarva Shiksha Abhiyan/SPEED/any of the similar programmes may be designated as the Election Officer for the election of the members of the Vidyalaya Shiksha Samiti by Block Development Officer.

(2) The election will be held in the School premises by majority of votes of the members of Aam Sabha present on a pre-appointed date and time.

(3) The results shall be announced legally after the election and will be registered immediately.

(1) The Vidyalaya Shiksha Samiti shall stand dissolved suo motu where it fails to hold three consecutive monthly meetings or minimum of ten meetings in a year with full quorum.

(2) The Vidyalaya Shiksha Samiti shall be dissolved by the Aam Sabha if it fails to make the necessary improvements in the condition of the school.

The foliowings shall be the powers and the functions of The Vidyalaya Shiksha Samiti:

(1) To make general supervision and superintendence in respect of the works of the school and shall be competent to adopt measures for improvement and for sending report to the Superior Officers.

(2) To get all children fit to be admitted in school residing in the feeder areas of the school enrolled into the school cent-percent and render the necessary assistance to the teachers in the preparation of Students' Roll (Bal Panji).

(3) To make the necessary decisions in respect of the Mid-Day Meal Programme and supervision of the distribution of food grains/meals.

(4) To sanction and supervise the distribution of the Incentive Allowance for regular attendance.

(5) To decide the opening & closing time of the school and give prior information to BEEO, REO and DSE, but in no case it shall be less than the prescribed period (hours).

(6) The Vidyalaya Shiksha Samiti shall be competent to take such other decisions, which it considers necessary to promote Elementary Education in the village.

The Vidyalaya Shiksha Samiti shall ensure regular and timely attendance of the Headmaster/Head Teacher/Assistant Teachers.

(2) If the Headmaster/Head Teacher/Assistant Teacher remains absent without information or without adequate and sufficient reasons which is to be decided by the Committee or come to the school after one hour after the due time the Vidyalaya Shiksha Samiti shall be competent to mark his absence for the day.

(3) The Drawing and Disbursing officer shall deduct the salary for such day/days of unauthorised absence.

(4) The Headmaster/Head Teacher/Assistant Teacher shall give their explanation in respect of unauthorised absence, if any, to the Vidyalaya Shiksha Samiti who shall be competent to take a necessary decision in this regard then and there.

(5) The period of unauthorised absence for which deduction/deductions of salary of a teacher has been made shall not be construed as a break in service for pensionary or other benefits.

(6) The Absentee Statement prepared by the Headmaster/Head Teacher/of the school shall be countersigned by the Chairperson and the salaries shall be drawn only on its basis.

(7) The Vidyalaya Shiksha Samiti shall sanction the Casual Leave for the Headmaster/Head Teacher. The Headmaster/Head Teacher shall continue to sanction Casual Leave to the Assistant Teachers.

The Vidyalaya Shiksha Samiti shall be competent to create a Vidyalaya Shiksha Samiti Development Fund and to augment the same by accepting public contributions or by raising resources through cultural or other activities and through other fair and legal means.

(2) The use of the Vidyalaya Shiksha Samiti Development Fund shall be as provided in the Rules.

(3) The Vidyalaya Shiksha Samiti Development fund shall maintain an account with either nearest Nationalised Bank or with the Post Office.

(4) The Account shall be operated jointly by the Secretary and the Headmaster/Head Teacher of the school.

The Vidyalaya Shiksha Samiti shall organise such sports, cultural and social activities and other extra-curricular activities as it deems necessary for the development of the students.

(2) The Vidyalaya Shiksha Samiti may incur expenditure for such purpose as per amount of the approved budget.

(3) The Vidyalaya Shiksha Samiti shall present its expenditure statement in respect of the expenses incurred in the annual meeting of Aam Sabha.

The Department of Education shall take the following steps for the capacity building/improvement of the Vidyalaya Shiksha Samiti:

(1) A one-day monthly workshop of the Chairpersons and Secretaries of all the Vidyalaya Shiksha Samities shall be organised at the Block level in which deliberations on different issues shall be made and strategies of implementation shall be taken accordingly.

(2) Different programmes will be initiated continuously at the block and cluster levels for training and orientation of the members of the Vidyalaya Shiksha Samiti.

(1) Meeting of the Aam Sabha as an institution shall be held not less there (3) times in a year.

(2) Annual general meeting of the Aam Sabha shall be held at the end of the calender year.

(3) In the annual general meeting of the Aam Sabha, the following other works shall be executed:

(a) To scrutinise and approve expenditure in respect of the amount spent by the Vidyalaya Shiksha Samiti.

(b) To sanction the budget for the next calender year.

(c) To scrutinise the Developmental and Educational progress made by the school since the period of the last meeting and to approve the supplementary demands.

(d) To allow the scrutiny of the expenditure for the previous year.

(e) To scrutinise the quality of construction work and the quality of the education which are given in the school.

The State Government shall make the Rules for the implementation of the provisions of the Act by issue of notification from time to time.

The State Government, with the consent of Cabinet of Ministers, shall have power to remove the difficulties in the implementation of the provisions of this Act by issue of notification.

The Vidyalaya Shiksha Samiti shall function under the directions of Sukh Suvidha Standing Samiti of Gram Panchayat constituted under Section 25(1)(iii) of the Bihar Panchayati Raj Act, 1993.

(1) All Government orders, notifications, resolution contrary to the provisions of this Act are repealed hereby.

(2) Notwithstanding such repeal anything done or any action taken under the orders and resolutions passed under notification issued by the State Government prior to the commencement of this Act shall be deemed to be done anything or action taken under this Act as if this Act was enforced during the period.

1. Published in the Bihar Gazette (Ext. Ord.) dated 20.12.2000.