Sikkim act 014 of 2020 : The BOARD OF OPEN SCHOOLING AND SKILL EDUCATION, SIKKIM ACT, 2020

GOVERNMENT

SIKKIM

EXTRAORDINARY

PUBLISHED BY AUTHORITY

GAZETTE

Thursday 08th October, ^No.232

GOVERNMENT OF SIKKIM

LAW DEPABTMENT

GAN GTO K

No. 14lLD12020 Dated: 07.10.2020

NOTIFICATION

The following Act passed by the Sikkim Legislative Assembly and having received assent of the Governor on 21" day of September, 2020 is hereby published for general information^:-

THE BOARD OF OPEN SCHOOLING AND SKILL EDUCATION, SIKKIM ACT,2O2O

(ACT NO. 14 of 2020)

PREAMBLE

An Act to provide for establishment and incorporation of the State Board for Open School Education upto pre-degree level including Secondary, Senior Secondary, Skill^and Vocational Education in the State of Sikkim and to provide for matters connected therewith or incidental thereto;

Whereas the crucial role of universal school education along with skill and vocational education for strengthening the social fabric of democracy through provision of equal opporlunity to all has been accepted since inception of our republic. Over the years there has been significant spatial and numerical expansion of schools in the country, yet the goal of providing education to all continues to elude;

And Whereas the number of children, particularly children from disadvantaged groupS, weaker sections and children from border and hilly areas, who drop out of school before completing school education, remains very large. Moreover, the quality of learning achievement' is not always entirely satisfactory even in the case of children who complete elementary, secondary and senior secondary education;

And Whereas in order to enhance the infrastruelural support to cater to the needs^of growing number of students in the field of school education at secondary and senior secondary level in general and in the area of skill and vocation education in particular, it is felt necessary to involve public private participation and partnership to irqprove literacy, enhance and -l

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accelerate the enrolmenVretention of students ano to attair universalisation of school education, vocational education in the State;

And Whereas it is also deemed essential to create a mechanism to provide for seconclary education, senior secondary education, skili and vocational education upto^pre- degree level so as to create and provide opoortunlty for continuing education to those^who have missed opportunity to complete school and development education' for adult neo-literates, working men and women to reinforce therr functional literacy and not to allow them to relapse into illiteracy and other childreni persons ciesirous of oursuing school levei education, Skill^and vocational edgcation bv offering courses and programmes of general educationr'life enrlchment and vocatiortai and sklll education:

And Whereas it is expedient to establish a State Board for Secondary' Senior Secondary, skiii arrd Vocatronal Education in the State of Sikkim to provide school education, skili and vocatlonai education through all oossible modes including face to face mode, flexible mode, open and distance learning mooe and e-learning/online mode with a view^to comprehensively enhance the accesi to education, to upscale the activities and to provide cpporiunities to the learners in all possible ways so as to provide ample access to sustainable learner-centric quality school education, skili upgradation and training to learners by using innovative technologies anO methodologies of iearning and impartrng education; And Whereas, the Regional Education Development Council, New Delhi, a Non-Profit organization registered undei Section 25 ct th-' Cr;mPanies Act,

'1956 having its registered

Cffice al 2^d floor. Manak Complex, School Biock, Shaxarpur - Ne',ru Delhi - 110092 is engaged in the field of education and^has agreed to :stahlisn a State Board for Secondary, Senioi' Secondary, skill and Vocational Education in the State of Sikkim in accordance with^the provisions of this Act.

It^is therefore hereby enacted in the Sixty-ninth Year of the Bepublic of lndia as foliows:-

Section 1- Short title, extent and commencement^:

t) This Act may be called the Board of Open Schooling and Examination, Sikkim Ad,2A20'

2) lt extends to the whole of *Sikkim'

3) lt shall come into force on such date as the State Government may by notification appoint in this behalf.

Section 2- Definitions^:

ln this Act, unless the context otherwise requlres:-

a. "Academic Year" means the academic yaar^as rjecided by the Board; b, ,,Affiliation" together with its grammaticai variations, means and inol..rdes, in reiation^to an institution, school and centei,, recognition or acr:reditation of such institution, school^and center by, associaiion of such institution, school anci center, located in or cutside^the State of Sikkim including overseas, and adrnission of such institut!on, school and center, to^the privileges of the Board including for the purDose of conducting the formal^and informal school education, open and disLnce school education, vocational education, skill develoPment Programs of the Board;

c. ,,Board,, means the Board of Open Schooling and Examination, Sikkim established under Section^3;

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"Board of Management" means the Board of Management constituted under Section^4; ,,Center,,means a counselling centre or a study centre or information center or^a facilitation center, established oimaintained or recognized or accredited by the Board for the purpose of advising, counselling or for rendering any other assistance required by^the student of any institution or school or center affiliated to the Board; ,,Chairperson" means the Chairperson of the Board appointed by the sponsoring^body under Section^4;

,,Course,, means and includes one of the branch of learning in programs of studies of school education, Skill and Vocational education, imparted in the formal mode and/orⁱⁿ the informal (non-formal)/distance education mode and/or in the virtual campus and/orⁱⁿ the online/e-learning mode in or through any institution, school or Study Centre affiliated^to the Board;

h. ,,Credit" is recognition that a learner has successfully completed a prior course^of learning, corresponding to a qualification at a given level;

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"Distance education" includes "open^and distance education/informal education"^and means education imparted by means of communication and e-learning source^viz broadcasting, telecasting, correspondence coLtrses, seminars, contact programmes and any other such methodology;

"Employee" means a person appointed by the Board to work in the Board and includes teachers, officers and others employees of the Board;

"Examination" means an examination conducted by the Board in the mode and manner as decided by the Board;

l. "Examination Superintendent" means a person appointed as such by the Board for control and supervision of the examinations to be conducted by the Board; m.

"Fee" means collection made by the Board from the students, institutions, schools, centers and any other service provider in relation to providing school education, vocational education and/or skill developmenVtraining, by whatever name it may be called, which is not refundable;

n. "Guardian" in relation to child, means a person having the care and custody of that child and includes a natural guardian or guardian appointed or declared by a Court or a statute;

"Head of the lnstitution" means the Principal, the Head Master or the Head Mistress of a School, institution, Centre, affiliated, accredited or recognised by the Board;

"lnstitution" means institution imparting school education, Skill and Vocational education/ training;

q, "Knowledge" means the outcome of the assimilation of information through learning. Knowledge is the body of facts, principles, theories and practices that is related to a field of work or study. Knowledge is prescribed as theoretical and/or factual;

"Learner" refers to an individual undergoing skill development training, whether in a formal or informal setting;

"Learning Outcomes" represent what a learner knows, understands and is able to do on completion of a learning process, and which would expression terms of knowledge, skills and competence;

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,,Local Bodies" means Municipalities, Panchayat Samitis, Zila Parishads, Small^Town Committees or Notified Area Committees;

,,Managing Committee" means the Managing Committee constituted by the foundation society or the governing body of an institution, school, center^etc; ,,Member,, means a member of the Board and includes the chairperson and Vice- Chairperson thereof;

,'officlal Gazette" means the Gazette oi the state of sikkim; ,,online Education,, means and includes "virtual education/informal education" imparted by means of communication viz e-learning, broadcasting, telecasting' correspondence courses, seminars, contact Programmes and any other such methodology; ,,Open School,, means all the school, institution or center affiliated, accredited^or recognised under the Board including the Board itself for conduct of informal and^open and distance school education;

,,Parent,, means either the natural or step or adoptive father or mother of a child; ,,plus Two Scheme,, means the scheme of education where under education is imparted for the two adclitional successive classes imme

,,Regional campus" means the campus of the Board iocated in and outside sikkim orⁱⁿ any part of lndia and/or abroad;

"Regulation" means the regulations made under this^Act; ,,School Education" means all education up to the twelfth class, irnmediately preceding the state of entry to a course leading to the first degree of a Board established by^{law in} lndia and includes plus two schenne;

"Secretary" means the Secretary of the Board appointed under Section^4; ,,skills,, means the ability to apply knowledge and use know-how to complete tasks^and solve problems. skills are described as .ognitiu" (involving the use of logical, intuitive and

creative thinking) or practical (involving mrnml dexterity and the use of methods' materials, tools and instruments);

,,Sponsoring Body" means the Regional Education Development council, New Delhi^a non-profit company registered under Section 25 of the companies Act 1956:

,,study centre" means center as defined under clause (d) of section^2; ,,Trainer" means someone who trains, instructs, teaches or otherwise enables^the learner(s) to acquire the appropriate knowledge and skills;

,,vice-chairperson" means the Vice-chairperson of the Board appointed by^the sponsoring bodY under Section^4;

ll. ,,Virtual campus" includes the education/courses/programmes provided to students through E-learning/website/CD-ROM etc' ;

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mm, "Vocational Education" means imparting Vocational courses in a certain specialization^at a Ceflain level along with General Education under National Skill Qualification Framework. section 3. Establishment and incorporation of the Board^:

(1) The sponsoring body shall, as soon as may be after the commencement of this Act,^by notification, .rt-"bli.h- a Board to be called the Board of Open Schooling and Examination, Sikkim.

(Z) The first Chairman, first Vice-Chairman, first members of Board of Management and first members of Executive Board and all persons who may hereafter become such members or officers of any authority and/or committee of the Board, so long as they continue^to hold such membership or Office, are:hereby constituted Body Corporate by the name^of the Board of Open Schooling and Examination, Sikkim'

The Board shall be a body corporate,

The Board shall have perpetual succession and a common seal and shall sue and^be sued by the said name.

(5) The Board shall situate and have its Headquarler at Gangtok, Sikkim. Section 4- Constitution of the Board of Management^:

(1) The Board of Management shall consist of the following members:-

(2) The Constitution of the Board of Management shall be notified by the Secretary of the Board.

Section 5- Terms of Office of other members of the Board :

(1) A member, other than an ex officio member, shall hold office for a term of 3 years, from the date he/she assumed office.

(a)

The Chairperson who shall be an officer appointed by the Sponsoring^Body

Ex officio

Chairperson

(b) The Vice-Chairperson who shall be an officer appointed by the Sponsoring^Body

Ex officio

Vice-Chairperson

(c)

Two nominees of the Government of Sikkim out of which one should be from Education Depaltment, Ex officio

member

(d)

Three educationists of which one shall be a female educationist nominated by the Sponsoring^Body Member

(e)

Two representative of the Sponsoring Body who shall be the Principals of either school or center, having at least 5 years' experience as a Principal.

Member

(f)

Two nominees of the Board out of which one should have experience of industry and the other should have experience in the field of open school education.

Member

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Secretary appointed by the Sponsoring Body Secretary

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(2) On expiry of the term of office as specified under sub-section (1), a member may be re- nominated,

Section 6- Disqualification supervening membership of the Board :

The Chairperson, Vice-Chairperson, Secretary or any other member if becomes subject to any of the disqualifications specified in Section 1 t he/she shall cease to be the Chairperson, Vice- Chairperson, Secretary or other member, as the case may be, with effect from such date as the Sponsoring BodY maY direct,

Section 7- Filling up of Casual and emergent vacancies^:

lf the Chairperson or Vice-Chairperson or any other member, other than an ex officio member dies or resigns his ofiice or othenvise ceases to be the Chairperson, Vice-Chairperson or other member, the vacancy shall be tilled up by a fresh appointment or nomination, as the case^may be, as early as por.ibt" by the person of the body who had appointed or nominated such^a member:

provided that the person appointed or nr:minated as a member, on casual and emergent vacancy, shall remain member oniy for the remaining period of the member, in whose place he is appointed or nominated.

Section 8- Terms of Otfice of Chairperson and Vice-Chairperson^:

The appointment of Chairperson, Vice-Chairperson, and Secretary under sub-section (1) of Section 4 shall be for such period as the sponsoring body may decide and specify. On^the expiry of the pei.iod of appointments as aforesaid, the Chairperson, Vice-Chairperson, Secretary, may be re-appointed for such period as the soonsoring body may determine^so, however, the total period of appointmeni (including the period of re-appointment)^as Chairperson, Vice-Chairperson, Secretary shall nOt exceed six years, Section 9- Resignation of Chairperson, Vice-Chairperson, Secretary and other members^:

(1) The Chairperson or Vice-Chairperson or Secretary may resign his office by giving a notlce in writing to the Sponsoring Body, stating his intention so to do, and on^such resignation Oeing accepted by thl Sponsoring Body, the Chairperson or the Vice- Chairperson or Slcretary, as the case may be. shall be deemed to have vacated^his office.

(2) The Sponsoring Body may also suo moto termlnate the services of the Chairperson^or Vice-Chairperron or Secretary if their funetioning is found detrimental to the purpose/ interest of the Board,

(S) Any other member may resign his office by giving a notice in writing to the Chairperson, .taiing his intention so to do, and on such resignation being accepted by the Board^such member shall be deemed to have vacated his office'

Section 10- Temporary arrangement for the office of the Chairperson^:

lf the Chairperson dies or resigns his office or ceases to hold otfice or^is temporarily absent^or, for^any reason, is unable toLxercise^the powers^and perform^the duties of his office,^the Sponsoring Body shall authorize the Vice-Chairperson to exercise the powers and perform the duties of the Chairperson until the Chairperson resumes office or a new Chairperson^is appointed, as the case maY be'

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Section 11- Disqualification^:

A person shal be disqualified for being appointed or nominated as a member of the Board^if he:-

(a) has been adjudged by a competent court to be of unsound mind;

(b) is an undischarged insolvent;

(c) is a discharged insolvent who has not obtained from the court a certificate that his insolvency was caused by misconception without any misconduct on his part;

(d) has been convicted by a court of an offence involving moral turpitude;

(e) has been punished^for indulging in or promoting unfair practice in the conduct of^any examination, in anY form, anYwhere,

Section 12- Meetings of the Board^:

(1) The annual meeting of the Board shall be held once in every calendar year.

(2) The.Board may hold meetings at such other times as the Chairperson may decide.

(3) One-third of the total number of members of the Board shall form the quorum of a meeting of the Board.

(4) The meeting of the Board shall be convened by the Secretary after giving ten days' notice to the members along with the agenda to be prepared by the Secretary in consultation with the Chairperson,

(5) The Secretary may, on the advice of or in consultation with the Chairperson convene^an emergent meeting of the Board, after giving two days' notice to the members,^for transacting any urgent matter,

Section^13- Conduct of meeting^:

The Chairperson or, in his absence the Vice-Chairperson shall preside over the meetings of^the Board and the Chairperson or the Vice-Chairperson, as the case may be shall be entitled^to vote on any matter and shall have a second or casting vote in every case of equality of votes, at any such meeting,

Section 14- Restriction on Vote^:

(1) No member of the Board shall vote on any matter in which he has any personal interest,

(2) The Chairperson, or the Vice-Chairperson, presiding over at the Meeting of the Board shall decide any question arising under sub-section (1), and his decision thereon shall be final,

Section 15- Person in the service of the Board^:

(1) The Board shall have a Secretary who shall be appointed by the Sponsoring Body.^The Secretary shall exercise such powers and perform such functions as may be assigned^to him by the Chairperson of the Board,

(2) The Board shall also have Examination Superintendent who shall be appointed by^the Sponsoring Body, The Examination Superintendent, subject to provisions of the Act, shall exercise such powers and perform such functions as may be assigned to him by^the

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Chairperson of the Board,

(3) The Sponsoring Body rnay appoint such other officers as it may consider necessary^for carrying cut the purposes of this^Act.

(4) The Board may appoint its employees as it rnay consider necessai'y tor carrying out^the purposes of this Act and shall determine, sublect to the approvai of the Sponsoring Body, ihe terms and conditions of such appointment

(5) hlode of recruitment in respect of^the pcsts^to be created for the Board shall be either short term contract o1. ,egriu, basis as the Board may think fit, For work related specific assignments persons would be deployed on fixed emoluments with provisions for revision each year if considered appropriate,

(6) Scales of^{pay in} respect of the posts to be ci'eated by Board of Management shall^be decided by the Board of Management with the approval of the Sponsoring Body. Section 16- Powers and functions of the Board of Management^:

(l) Tne Board cf Management shall be the Principal Body of the Board and shall exercise^all powers and functions of the Board,

(2) The Board shail have following powers and functions:-

a) to exparid access to schooi educaticn at all levels and to increase retention rates at all ievels of schooling,

b)^to promote open schooling at state anrj national level bv netwoi'king, capacity buiiciing, shariiig of resources and quatity as'surance; c)^to remove obstacles for providing education up to pre-degree level as well as vocational education & training programmes and skill programs to the disadvantaged sections of the society and to bring disadvantaged groups in the fold of malnstream of education;

d) to contribute to the Universalisation of School Education and cater to^the educational needs of all sections of SocieiY;

e)^to undertake research, innovation and development activities in the area of Open Schooling to strengthen the Cpen and Distance Learning system and dissenrinate the findings of reseirch, innovation and development activities to all stakeholders; f)^to take steps for developing strateg;r plans for promoting and up scaling the^Open Schooiing Programme in lndia;

g) to encourage, promote and conduct a system of Open School Education relevant^to the students/learners and to organize training programmes at national^and tnternational ievel on 'open school' systernl

h)^to identify eoucational needs of the childrenlpersons who are other',ise not catereC to by the formal system of school education and to open, establish, recognise^and accredit schools,/stu dy I acaoeniic centers ;

i)^to provide sustainable inclusive learning with universai and flexible access to quality school education i.e, Basic, Secondary, senior secondary education as well^as vocational education and training programmes and skill development programs through open and distance education;

j) to provide opportunities for continuing education to those who have missed -B-

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k) opportunities to complete school and development education and other children/ pefsons deSifOUS OI pUrSUing school level education through Open and Distance Lear:ning (oDL) mode by offering courses and programmes of general education,^life enrichment and vocational eduoation up to pre-degree level; to open schools/ academic centers, study centers, competitive training institutes^and language institutes.

to open/establish/atfiliate/recognise/accredit schools for study of various branches^of knowledge up to pre-degree- level as well as vocational education and training progruryi"s^and skill development programs and to conduct examinations thereof' to open information centers for providing information of Education, to organize conferen6eS, summits, Seminars, meeting, discusSion, debates, study courSeS, and to conduct short term and long-term vocational courses/training. to establish and maintain institution for vocational training in vocation of household industry, semi-skilled jobs for self-employment, short hand and type-writing,^and social science, Languiges, Fine arts, Crafts, muSic, painting, modelling, physical training etc.;

to open training camps and workshops for the development of arts, plays and culture and raise funds through subscriptions, donations, trade to fulfill the aims and objects, to publish books, enCyclopaedias, monographs and study materials; to design and develop need based academic and Vocational Education Programmes, cours"i^and Curricula, self-instructional materials (SlM) and other learning support for the courses identified at different points of time including for (l) Open Basic Education (OBE), (ll) Secondary and Senior Secondary Education, and (lll) Vocational Education and Training (VET) Programmes with focus on skill development, for livelihood and lifelong learning up to pre'degree level; to develop and prescribe or offer.a wide spectrum of courses of study, for purposes of general vocational and continuing education, either leading to certification at^the school stage up to the under graduate level (including Certificates/Diplomas) or for life and job enrichment and without certification;

to offer courses of studies through open and distance learning mode, face to face mode known as regular classroom teaching mode, e-learning mode, online mode, virlual classroom mode and any other mode as the Board may decide from time^to time;

to grant or refuse recognition to school, institution and study centres and^to withdraw such recognition, if it thinks fit, in accordance with such regulations^as may be made in this behalf and to maintain a register of recognized schools, institutions and studY centres;

to establish and maintain institutions for open and distance education up to^pre' degree level school education as well as vocational education and training programmes and skill development programs;

to train the peopleⁱⁿ general for human resource development in view of^the emerging needs such as database development, resource survey methodologies, computer, environmental studies, health, education, and engineering. to undertake and promote^the publication^and translation of journal, research papers and books and to develop the audio-visual programmes to disseminate knowledge -9-

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w) oertaining to ihe objectives of the Bo;ird:

to establish any, educationai institution ano other instrtution-q, technical or otherurise anywhere in InOia, to promoie eduoation of art. Science or other related fields and^to communicate and coordinate with the Government Local and public authorities^on various issues related to development welfare and pubiic interest on different subiects and for efficient working of the Board and the achievement of the above aims and objects as Der Government Policy'

to establisl-r regionai centres in an cutside Sikkirrr for the purBoses of supervising the prcpsl funciioning of the learning sLlppon centres and stucy centres; to sei^up, establish and administer ald maintain oifices/chai:ters in lndia anC/or abroacj either on its own or in associatton rruitn any other lnstitutioniAuthority in such manner anci for such purposes as may be iletermined by the Board with a view^to achrevlng,ts objectives;

to conduct examinations and issue cerlificates, Diploma, etc' to successful learners; to prescribe by regulations, conditions for the registration of students, eligibility criteria for. appearing at the examrnations, for its oonduct and for all other matters necessarv antl incidJntal thereto for proper fulfilment of teaching and exantining^and also to publish results of the examinations concjucted by the Board and to ayard diplorna" cerfificates, prizes anC schclai'shios in resper;t thereot:

to institute and award, Prizes and lledals subject to such criteria and/or conditions as the Board may determine fronr 'iime to tirne,

to prescribe. fix and demand paynrent^of such fees and other charges and the method of collection thereof, as rnay be prescribed by regulations; to make service regulations for tne personnel related to administraticn cf the Board and for the proper manaEement of the f,.rrrctions of the Board incluciing 'llelfare rneasures for the slaff of il"re Board:

ee)^to make regulations for the :oi'rcjucl or atfa;rs filr ti-re Boaro; to collaborate with institutions, schools, skill.knowledge and training providers at the State level such as State Council of Educatibnal Research and Training, Sikkim, lnstitutions of Education in Sikkim and State lnstitute of Educational Training^and Management and Training, Sikkim and also with other institutions, schools, skill knowlJdge and training providers at the National Level throughout the country; to collaborate with national and lnternational agencies like the lnstitute of National open Schooling, lndira Gandhi National open Board, National council of Educational Research and Training, National lnstitute of Educational Planning and Administration, Cl*ro"";"uttn^of LJ'arning, UniteC Nations Educational, Scientific and Cultural Organization, United l-Jationl International Children's Emergen,g.y F'n9 and similar oth'er dgencies for continuing efforts at improvement of quality and standard^of distance Educations ProceJs and rnaterials and also for promotion of^open schooling;

to co-operate, collaborate or associate with any other Authority or institution including educational institutio,-] or Association in lndia and/or abroad^anej Government in lndia, in sueh rnanner and.for such purposes as the Board^may z)

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determine and deem fit and proper and as may be incidental or conducive in due achievenent of lhe oDiectives of the Board;

ii)^to partner with Government schemes and programmes at school sector^for'achievingthenationalandStategoalsandobjectives; jj) to provide consultancy work/seivices and to engage in model building in close

coliaboration with States and other ager cies or institutions;

kk)^to establish linkages with contemporary education systems like State Boards,

Sanskrit Boards, Madrasa Boards end State Open Boards with mainstream

education system with mobitity across them and equivalence between them;

ll)^to prepare, publish or cause io be published and print, the learning and other

materials including the text books developed by the Board, papers, periodicals, etc and to sell the sarne for the use of the students in furtherance of objectives of^the Board;

mm) to develop multi-media and multi-channel delivery modes for effective transaction^of courseware to support courses and programmes;

nn) to collaborate with agencies and institutions for opening learning supPort centres^or study centres or information centers or facilitation centers for provide learnlng

assistance to the students of the open school and to accord approval^and

accreditation to such learning support centres or study centres or information

centers or facilitation centers in lndia and abroad;

oo) to constitute/appoint such committees or sub-committees as may be deemed fit for carrying out the objects of the Board and to prescribe by regulations and guidelines for the proper functioning of such committees or sub-committees;

pp) to regulate and enforce discipline among the employees of the Board and take such' disciplinary measures in this regard as may be deemed fit, proper and necessary

by the Board to be necessary;

qq) to associate any persons or body, in such manner and for such purpose^as may be

determined by regulations, whose assistance or advice is considered necessary for

carrying out any of the provisions of this^Act;

rr) to acquire, purchase, exchange, lease, hire, sell, transfer or otherwise, or hold^and manage any property movable or immovable, including trust and endowment

property, which may be necessary, convenient and conducive for the purpose of^the

Board and to build, construct, maintain, improve, alter, modify, extend, repair

demolish and acquire such buildings, works and constructions as may be deemed

necessary and proper for carrying out the objectives of the Board;

ss) to seek, obtain or accept grants, assistance, subscriptions, f ees, donations,

securities, gifts, bequests and properties both movable and immovable from^the

Government, public bodies, institutions, corporations, companies or trusts lndian/

corporation/companies and foundations or from any person for the purposes of the

Board to manage efficient, e,ffective and permissible fund flow and fund utilizationⁱⁿ consonance with the objects stated herein;

tt) to sell, lease, exchange, hire or otherwise transfer and dispose off all or any portion of the property, movable or immovable, of the Board, provided that the same is for"

the purpose of Board;

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uu)^to invest and deal with any mone.vi surplus funds ardlor securities of the Board^not immediately required for any of its activities, purposes and objectives, in such^a manner, as-may be provided, by the Hules of the Board as may be laid down^from time to time;

vv)^to borrow and raise money/funds with or without security or on the security of^a mortgage,chargeor.hypothecatiorlcrpledgeofalloranyoropertybelongingtothe Board or in any other manner whatsoever provided that the same is for^the purPoses of Board:

ww) to meet out of the fund as aforesaicj the expenses of the Board, including^the expenses incurred while exercising its powers and discharging its functions under this^Act:

xx) to prepare and matntain accounts and other records and to prepare an annual statement of accounts (including the balance sheet) of the Board in such form^as may 5e decided by the Sponsoring Body:

y,y) to make Bye-laws and tho Regulatrons fer ihe conduct of the affairs of the BoarC and to ado,, amend, vaty or i.+scit.ro ther"r from time to time; zz')^to cielegate any of^its powers: to ary^oi t:re oificers of tlre schoci oi" institution oi' to any of the committees cr sub-c,:nrmitt.tes 0t-,nslituted by the r3oard, subiect to such conditions as may be laid dcwn, for inore effective management and functiontng^of the Board:

aaa) to do all such other acts and things as may be necessary, incidental, or conducive in the attainment of all or any of the aims and objectives of the Board and^to perform such other functions as may be prescribed or deemed necessary by^the Board, for advancing the cause of school education including open school education, vocational education and skill development to the discharge of the abo're f u nction.s.

Section 17 - powers and functions of Chairperson and the Vice-Chairperson:

i1) Chairperson:

a.^the Chairperson shall exercise generai sr-tpervision and control over the affairs^and functioning of the Board;

b,^the chairperscn may, in^any emergerlcy, exercise any of^the powers of the Board provided, that he shail not i.rt conira,ry io any decision of the Board ancj shall,^as soon as thereafter may be, foprl;'1 to thri Boar

c.^be responsible for carrying or.it, anc ior tivtng erfect to, the decisions oi the Bclard^or of any committee constituted under this 'Aet:

d, sanction such claims for allowances, and at such rates, as the Sponsoring^Body maY determine;

e, take such other action, not inconsistent with any decisions of the Board, as^he considers necessary for the proper functioning of the Board;

f.^the Chairperson may perform such other aclditional functions as^may Board delegate

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to him in accordance with regulations made in this behalf.

(Z) The Vice-Chairperson shall perforrn all functions of Chairperson if a causal vacancy occurs in the Oitice of the Chairperson, v hether by reason of his death, resignation^or inability to discharge his functions owing to illness or in other incapacity' Section 1g- powers and functions of the Secretary and Examination Superintendent^:

Subjects to the provisions of this Act, the Secretary and Examination Superintendent shall exercise such powers and functions as may be delegated to him by the Board Jrom time^to time or as may be prescribed by Regulations in this regard.

Section '19- Academic Advisory Committee^:

(1) The Board courses^of shall constitute an Academic Advisory Commtttee thereof for advising it on^the studies.

(2) Academic Advisory Committee shall design, develop and prescribe course of study to be offered by the Board, leading to ceftification at the secondary levels and higher secondary levels and also courses of studies in Vocational and skill development areas to^the students of the Board;

(3) Academic Advisory Committee shall design and develop self-learning materials in print, audio, video, compact disc rom (CD-ROM) and other formats;

(4) The Academic Advisory Committee shall perform such other functions as^{may be} prescribed and as may be delega'ted to it by the Board,

(5) The Advice given by the Academic Advisory Committee shall not be binding on the Board but if the board does not accept the advice of the Academic Advisory Committee^the Board shall record the reasons for not accepting the advice given by the Academic Advisory Committee.

(6) Subject to the other provisions of this section, the Academic Advisory Committee shall consist of seven members including eminent academicians in different branches^of knowledge to be nominated by the Board.

(7) The Chairperson shall be the Chairman of the Academic Advisory Committee, and^the Head of the Academic Department shall be the Secretary of the Academic Advisory Committee. The Board shall not nominate more than three members of the Board excluding the Chairperson in the Academic Advisory Committee.

(8) The Chairperson shall preside over the meetings of the Academic Advisory Committee and,.in his absence, the Vice-Chairperson shall preside over such meetings.

(g) A member of the Academic Advisory Committee, who is also a member of the Board, shall continue to hold office as a member of the Academic Advisory Committee til he ceases to be a member of the Board,

(iO) Any member of the Acadernic Advisory Committee may resign after giving fifteen days' notice to the Viee-Chairperson and the Board shall have the power to remove any member of the Academic Advisory Committee after recording reasons there for at a meeting. Section^20- Other Committees of the Board^:

(1) The Board may also constitute the following Committees:-

(a) Syllabus Committee; - t3 -

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(b) Examinaiion Commiitee;

(c) Recognition Commrltee;^ancj

(d) Finance Conrrnittee.

(2) The Boai.d rnay ccnstiiute such c,ther' cr)ntrnillee i'rr cor-niTlittees as it nra-v think^fit

(3) The committee coristltuted b),the Boarc sir:-rli irerfcrm such othar functions as rnay^be prescribeci and as may be Celegated to 'l D',' the Eoard'

(4) Each of the Comrnittees constituted under sub-section (1)shall consist of the Vice- Chairperson as its Chairperson and such other members, not exceeding seven as^the Board maY think^fit,

(5) Each such committee shall have a Secretary thereof who shall be deputecj by the Vice- Chairperson with Drlor consent oi the (lhairperson. Provided that ihe Examination Conrmittee shall have the Secretary to be known as the Examination Controller,^Such Secretary shall be an officer appointeti by the Sponsoring tsody'

(6) Any member of^the Board rnay be aOpointed to be a member of any Committee constituted under sub-section (4) but the totai number of members of the Board, including Vice-ChairperSOn in any such c6mmittee shail not exceed four,

Section 21- Functions of Syllabus Comrnittee^:

The Syiiabr-rs Committee shall advise the Boaro:-

(a) on matters relatirg io the Syilab,us; the courses of studies to be followed^{ano the} bocks tc be stuciiecl jor exai-liriratinn conrii.rcied cy the Boaro, aiitl

(b) on any cther matter which is corrnectetJ ,iviilt^or ii'rcidental in ihe rnat'ter ;'eferred^to irr clause (a) wt'rich may be referred tc-r it ov the Board'

Section 22- Functions of Examination Committee^:

(1) TI-re Examination comrnittee shall advise Ine Board^on:-

a.^the selection of examination centres, paper setters, ntoderators' tabulators' exa.rniner.s, invigilators, supervisors or others engaged in connection with the examination. condu"ted b;r the Boai.d anci ihe rates of remunerations to be paid to them

b, the fees to be paid by candidates tor such examinations,^and c. such other matters relating to the examinations as aforesaid as may be referred to^it by the Board for advice,

(2) The Examination Cornmittee shall 5e responsible for the Conduct of Examinations under the superyisicn of the Examination Conirr-.iler ancJ prepare the Cer"tificates of Secondar;' arrcJ l-.ligher Secondary slanclai.J ancJ also vo:ariona' certificates to be l-"streci to the successfui sluCents by the Secretzlry.

Section 23- Functions nf the Recog;riti'rn Ccmmi'iiee^:

The Recognition Comrnittee shali ad,rise rhe ljoard ori eil nratters relating to the recognition^of schools, institutions, study centres, centres,^etc'

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Section 24- Functions of the Finance Committee^:

The Finance Committee shall prepare the budget of the Board and shall advise the Board^on such matters relating to finance as may be referred to it by the Board for advice' Section 25- Functions of other Committee^:

The committee, if any, constituted by the Board under sub-section (2) of Section '19 shall

perform such functions as may be assigned to it by the Board, Section 26- Admission^:

a. Admission to the institutions/schools established, recognised or accredited by^the Board shall be oPen to all.

b.^The Board shalt prescribe the conditions and criteria for admission of students, Section 27- Fee Structure^:

The Board shall prescribe the fee structure to be charged for various courses belng conducted by the Board.

Section 28- Annual RePort^:

(1) The Chairperson shall place at the first annual meeting of the Board in the year next following the year in which it is constituted and at every annual meeting thereafter a report on the working of Board during the last preceding financial year. He shall also place annual accounts of the Board of that year.

(2) The reporl and the annual accounts shall be forwarded to the Board before one month of its presentation at the annual meetlng of the Board with such comments thereon as^the Chairperson may think fit to make.

Section 29- Budget^:

(l ) The Chairperson shall place at every annual meeting a Budget estimate, in such form^as may be prescribed, showing the anticipated income and expenditure of the Board during the financial year in which the annual meeting is h.eld'

(2) The Budget estimate shall, after confirmation by the Board, be forwarded to the Sponsoring Body within such time as may be prescribed.

(3) The Sponsoring Body shall, within one month of the receipt ol the Budget Estimate, either accord its approval thereon or return it to the Board with such comments and suggestions as it may deem necessary if, in its opinion such estimate:-

i, is not reasonable or accurate with reference to the ascertainable facts;

ii. includes new items of recurring expenditure which are likely to impose upon^the Board in the future financial liabilities which the Board is not likely to be able to meet from its income;^or

iii, includes provisions^for such expenditure which are not in accordance with the provisions of this Act,

(4) lf the Budget Estimate is returned under sub-section (3), the Board shall consider^the comments and suggestions made by the Sponsoring Body and may, if it thinks fit, revise

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the said estimate. The Board shall then, submit the Budget estimate as so revised to the Sponsoring Body or the Board shall, if it does not think fit to revise the esti,'nate, submit^it in its original form to the Sponsoring Body wiihin one month of receiving it together^with its comments

(5) lf the Sponsoi.ing Body does not approve the Budget estimate as revised by the Board^or if the Budget Estimate is returned by ihe Board without revision, the Sponsoring^Body mray amencj the Budget Estimate by making.-

i such modifications as are, in its opinion. necessary to render the Estimata reasonably accut'ate with reference to asce;'tainable facts oi'io balance the income ano the exPendtture;

ii. additions, aiteratrons or modifications irr any' crovrsion reiatlng t<.r neur exoenditui'e of^a recurrino nature;

iii. any alterations or modifications irr arly provisions ftrr expenditure, which in rts opinion, are noi in accordance with the provtsions of this Act,

and shall loruuard the Budget estirnate as so amended to the Board, and the Budget estimate so returned shall be the Budget Estimate of the Board for the relevant ftnancial year.

(6) lf tlre Sponsoring Body does rrot accord its approval to the Budgei Estimate referred to in sub-section (St srich estimate shall within three months of receipt thereof by the Sponsoring Body for such approval or within two montlis of re-sutrmissicn thereof by^the Board with or witl'rr:ut revision, be rjeemec tc have been approved by the Sponsorlng Body

Section 30- Fund of the Board^:

(1) The Boarrj shali be primarily self-financed However, it will be eniitled to receive grant tn aid or financial assistance from the State ot'Central Government or any other local^or statutory body of State or Central Governrnent unoer any scheme or project.

(Z) The Board shall create a funcj to bc calied il're tloaro Fund (hereinafter referred to^{in this} Aci as the Futnd of ti'le Board) to v,rirrch slrall be cr*rjitlrd:-

a.^all sums rryhich may be paio ov riie Sponsoring Boriy, any Goveri'iment^Or Governmental Body or any *Statutory or L.ocai Bc:cJy,

b alt fees and other charges realiseC under any of the provisions of this^Act, c, all monies received by the Board fronr a school, institution. study centre or by^way of grants, gifts, donations, benefactions, bequests or transfer,

d. all sums representing income from endowments, if any, or from property owned or managed by the Board,^and

e.^all other sums received by the Bu-ra[tl on Lrehalf of the operr schoc! frcm any othei' sou rces.

(3) The Fund shall vest in the Boarcj and slrall be undei'its control and be held in trust^for the purposes of this^Act.

(a) All monies payable to the credit of the Board shali forthwith be paid into any Bank as^may be decided Oy ttre Sponsoring Body, to tne credit of the Fund and all cheques dratvn^on the fund shall be signed by the Secretary, or by such other person as may be authorised by him in 'u,,ritinq on his behalf.

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Section 31- Expenditure from the fund^:

1)^The general fund of the Board shall be utilized for meeting all expenses, recurring^or' non-reiurring, in relation to the affairs and functioning of the Board.

2) No expenditure shall be incurred from the Fund of the Board except for the purposes of this Act and unless such expenditure is provided for in thd Budget as aPproved under^this Act or may be met by re-appropriation in such manner as may be prescribed. Section 32-.Accounts^:

1)^The Board shall keep an account of all its receipts and expenditure in such manner^as may be prescribed,

2) The Annual Accounts including Balance Sheet of the Board shall be prepared under^the directions of Board of Management.

Section 33- Audit^:

(l) The account of the Board shall be examined and audited annually by an auditor^or auditors appointed by the Sponsoring Body in such manner as may be prescribed.

(2) lt shall be the duty of the Board and every member thereof and of the Secretary^and other officers and employees in the service of the Board to afford to the auditor every facility for the examination and audit of the accounts of the Board and to comply with any requisition made by auditor and the requirements of any rule made in this behalf. Section 34- Audit Report^:

(1) After the completion of the audit, the auditor shall submit within 14 days to the Sponsoring Body a repon on the accounts audited, and shall send a copy thereof to the Board and thereupon, the Board shall forward the report to the Sponsoring Body with its comments thereupon.

12) The Sponsoring Body shall take such action on the report submitted under Section 1 as^it thinks fit.

Section 35- Fayment of allowances^:

(1) Subject to the provisions of Section 7 the members of the Board or of any committee constituted under this Act shall receive such allowances for attending the meetings of^the Board or the committee, as the case may be and for other such purposes, as the Sponsoring Body may determine,

(2) As^per the provision of sub-section (1) 9f Section 6 of the Right to lnformation Act, 2005 the Secretary shall be the lnformation Officer to provide information to the public, Section 36- Board to furnish information^:

The Board shall furnish to the Sponsoring Body such reports, returns, and statements as^may be prescribed and such further information or any matter relating to the Board as^the Sponsoring Body may require.

Section 37- Power of Sponsoring Body to suspend proceedings :

The Sponsoring Body may, by order in writing and' stating the reasons therefore, suspend^the execution of any resolution or order of the Board or of any committee constituted under this

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Act and prohibit the doing of any act which is ouroorted to b,e done or is intendecj to be done under this Act, if the Sptnsoring Body is of ooinion that such resolution, oi'der or act isⁱⁿ excess of the powers conferred by or under tnls Act on ihe Board or any cornmittee, as^the case may be.

Section 38- lndemnitY^:

No suit, prosecution or other legal proceeding shall lie against any person for anything in^good faith done or intended to be done under this^Act.

Section 39- Savings^:

No Act or proceeding under this Act shall be invalid mereiy on the ground of:-

(a) the existence of any vacancy in" or^any defect in the constitution of the Board^or any committee constituted under ihis Act; or

(b) any member of the Board having cast his vote in any matter in contravention of the provisions of Section '15: or

(c) any defect or irregularity not aftecting the merit of any case, Section 4rl- Transitory provisions :

(1) The Chairperson snall make the Iirst regulaticns for the purposes of this^Act'

(Z) The first regulations shall remain in force for a period^of one year^or until regulations^are made by the tsoard under this Act, whichever is ear!ier.

Section 41- Powers to make rules :

(1) The Board may, make rules for carrying out the purposes of this^Act. ln particular, and without prejudice to the generality of the foregoing powers such rules may provide for all or any of the following matters:-

(a) the acquisition, possession and disposal of properV by the Board, the conditions^of such acquisition, possession and disposai, and the doing of anV other thing;

(b) the provident fund as may be instituted ancj administered by the Board;

(c) the form and manner in which the Budget Estimate ci the Board shall be prepared;

(d) the time within which the Budget Estimate shall be forwarded io the Sponsoring Body;

(e) the nranner in which all paynnents to and from the fund of Board shall be made'

(f) the manner of re-appropriatiorr.

(g) the manner of keeping of accounts of receir:ts ancl expencjiture'

(h) the manner in which examinations and audrt of accounts of the Board shail be made;

(i) the reports, returns and statements to be furnished by the Board and the form^of such reports, returns and statements:^and

(j) any other matter required to be prescribed, or to^be provided for, by rules. to- t6 -

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Section 42- Power to make regulations^:

1)^The Board may, make regulations for carrying out the purposes of this^Act. 2)^The Board and by notification, make regulations not inconsistent with the provisions^{of this} Act and rules in respect of any mattei relating to the proper exercise of its powers and discharge of its functions under this Act or any other matter.

section 43- Board to be guided by directions of sponsoring Body^:

The Board shall, in exercising its powers and performing its duties under this Act, be guided by such directions in the mattei of scope and content of courses of studies as the Sponsoring Body may by notification give from time to time.

Section 44- Powers of the State Government to call for information^:

(i) The State Government may call for information from the Board relating to its working, functions, achievements, standard of teaching, examination and research or any other matters as it may consider necessary to judge the efficiency of the Board in such form and within such time as may be prescribed by rules,

(2) The Board shall be bound to furnish the information as required by the State Government under sub-section (1) within the prescribed time'

Section 45- Dissolution of the Board by the Sponsoring Body^:

(1) The Sponsoring Body may dissolve the Board by giving^a notice to the effect in the prescribed manner to the State Government and employees and the students of Board at least one year in advance:

Provided that dissolution of the Board shall have effect only after the approval of the State Government and the last batched of students of the regular courses have completed their courses and they have been awarded degrees, diplomas or awards, as the case may^be.

(2) On the dissolution of the Board land and property of the Board will be vested with the Sponsoring Body,

Section 46- Special powers of the State Government in certain circumstances^:

(1) lf it appears to the State Government that the Board has contravened any of^the provisions of this Act made thereunder or has violated any of the directions issued by^it under this Act or has ceased to carryout any undertaking glven by it to the State Government or a situation or mal-administration has arisen in the Board, it shall issue notice inquiring the Board to show cause within forty-five days.

(2) lf the State Government on receipt of reply of the Board on the notice issued under sub- section (1), is satisfied that there is a priqa facie case of contravening any of the provisions of this Act or the rules made thereunder or of violating directions issued by it under this Act or of ceasing to carry out the undertaking given by it or mal-administration, it shall make an order such enquiry as it may conslder necessary.

(3) The State Government shall, for the purposes of any enquiry under sub-section^(2),

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(a) summoning anrj enforcing the attendance of any person^and examining him on oath:

(b) requiring the discovery and production of any such document or any other matertal as may be predicable in evidence:^ano

(c) requisiiioning any oublic reccro fi'Onr ;11ir co.;rt or offtce.

(5) Crr receipt of rhe enouiry report frorn the offio:r^or rlfficers appointed urtder sub-sectron (3), if il-re State Government is satisfiad inat 1l're 3oard has contravened any^{o{ the} pr.ovisions of this,Act cr the rutes rra'-li-r tnei.er.nder or has violated any of the directions issued by it under this Act or has cear;eo io iiirry oilt the undertakings given by it or mal-administration has arrsen in the Soard wirich threatens the acadernic standard of^the Board, it shall make orders for corrective actions or direction. Section 47- Power to remove difficulties^:

(1) lf any difficulty arises in giving effect to^the provisions of this Act, the State Government may, by orOei published in tn" Official Gazette, make provisions, not inconsistent with^the provisi6ns of this Act, as appear in ii to be necessary or expedient for removing^the diff icu ity:

provided that no order under this section shall be made after the expiry of a period of two years from the date of commencement of this^Act'

(Z) Every order made under this section shall, as soon as may be after it is made, shall^be lard before the House of the State Legisiature'

Jagat B.^Rai (SSJS)

L.R-cum-SecretarY

Law DePartment

S.G.P.G. 232t Cam.2/Gazette /'l 00 Ncs'l Dl: 08'10'2020

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