BIHAR
SCHOOL EXAMINATION BOARD ACT, 2019 THE BIHAR SCHOOL EXAMINATION BOARD ACT, 2019 [Act No. 10 of 2019] [29th July, 2019] In the seventieth year of Republic of India, it may be enacted by
the Legislature of Bihar as follows: - (1)
This Act may be called as "The Bihar School Examination Board
Act, 2019." (2)
It shall extend to the whole of the State of Bihar. (3)
It shall come into force from the date of its publication in the
official Gazette. In this Act, unless there
is anything repugnant in the subject or context, - (a)
'Academic Session' means a period of twelve months from the 1st of
April of the current year to 31st March of the following year; (b)
'Affiliated School' means educational institutions having received
privilege of the Board according to the provisions of this Act and rules and
regulations thereto up to class XII. (c)
'Affiliation committee' means Affiliation Committee constituted
under Section 20 of the Act. (d)
'Appointing Authority' with respect to all employees above the
level of Office Attendant means the Chairman and of the level of Office
Attendant employees means the Secretary; (e)
'Appellate Authority' with respect to all employees above the
level of Office Attendant means the Board and of the level of Office Attendant
employees means the Chairman; and (f)
'Appendix' means Appendix appended to this Act; (g)
'Board' means the Bihar School Examination Board established under
Section 3 of the Bihar School Examination Board Act, 1952 and to be established
under section-3 of this Act; (h)
'Chairman' means the Chairman of the Board; (i)
'Department' means Education Department, Government of Bihar; (j)
'Examination' means examination conducted by the Board. (k)
'Government' means the State Government of Bihar; (l)
'Government Teacher Training College' means Teacher Training
College established by the Government of Bihar; (m)
'Headmaster or Head Mistress' means the Headmaster or Head Mistress
of a Senior Secondary or Secondary School affiliated by the Board. (n)
'Head of the Department (HoD)' means the head of different wings
as enumerated in section 13 (2) of this Act; (o)
'Non-Governmental Organization' means any organization or institution
or society or trust or any other body with any such name and registered under
Societies Registration Act, 1860 or created under Indian Trusts Act, 1882 or
registered under Section 25 of the Companies Act, 1956 for educational and
social purposes; (p)
'Prescribed' means prescribed by Rules and Regulations made by the
Board under this Act; (q)
'Regulations' means Regulations made by the Board under this Act; (r)
'Rules' means Rules made by the Department under this Act; (s)
'School' means secondary and senior secondary schools recognized
and affiliated by the Board; (t)
'Secondary School' means a school imparting education of courses
up to grade 10 as prescribed by the Board and includes institutions duly
affiliated by the Board; (u)
'Senior Secondary School' means a school imparting education of
courses up to Intermediate (+2) grade as prescribed by the Board, and includes
institutions of Intermediate (+2) Education, duly affiliated by the Board; (v)
'Secretary' means the Secretary of the Board; (w)
'State' means the state of Bihar; (x)
'State Government' means the State Government of Bihar; (y)
'State University' means University established by the State of
Bihar under the Bihar State Universities Act-1976, The Patna University
Act-1976, Nalanda Open University Act-1995 and Aryabhatta Knowledge University
Act-2008; (z)
'Vice Chairman' means the Vice-Chairman of the Board. (1)
There shall be established by the Government a Board known by the
name of the Bihar School Examination Board which shall be a body corporate with
perpetual succession and a common seal and shall by that name sue and be sued. (2)
The Board shall have power to acquire and hold property, both
movable and immovable, and, subject to the provisions of this Act and the
Rules/Regulations made thereunder, to transfer any property held by it and to
contract and to do all other things necessary for the purposes of this Act. (3)
The headquarter of the Board shall be situated at Patna, having
its regional offices at different places, as per decision of the Board. (1)
The Board shall consist of- (a)
Chairman; (b)
Vice-Chairman; (c)
Director, Secondary Education, Education Department, Bihar
(ex-officio); (d)
Secretary of the Board as Member-Secretary; (e)
Two representatives from any two of the State Universities in
Bihar, to be nominated by the State Government; (f)
One Principal of a Government Teacher Training College, to be
nominated by the State Government. (g)
Two persons from any organization under the State Government who,
in the opinion of the State Government, possess expert knowledge of the
examination system, to be nominated by the State Government. (2)
Subject to the provision of Section 5(4) and 6(4), the term of
office of the Chairman, Vice-Chairman and the members, shall be for a period of
three years from the date of notification or till further orders, as decided by
the Government. (1)
The Government shall appoint the Chairman. (2)
A person to be appointed to the post of Chairman shall be a
working or retired IAS (Indian Administrative Service) Officer not below the
rank of the Secretary of the State Government. (3)
The pay, allowances and other conditions of service of the
Chairman shall be such as may be determined by the Government. (4)
The Government may, by notification, remove the Chairman at any
time. (5)
A person who has been previously appointed as Chairman, shall also
be eligible for appointment as Chairman subject to the provision of section
5(2), by the Government. (1)
The Vice-Chairman shall be appointed by the Government. (2)
A person to be appointed to the post of Vice-Chairman shall be an
officer of Indian Administrative Service or Group A Central Services or an
officer of Additional Secretary level or above of Bihar Administrative Service. (3)
The pay, allowances and other conditions of service of the
Vice-Chairman shall be such as may be determined by the Government. (4)
The Government may, by notification, remove the Vice-Chairman at
any time. (1)
If the Chairman, by reason of his death, resignation, removal or
otherwise, is unable to complete his full term, the Vice-Chairman or any other
person appointed by the Government shall discharge the functions and duties of
the Chairman till such time, a Chairman is appointed by the Government under
Section 5 (1) of the Act. (2)
In the absence of Chairman, the Vice-Chairman shall preside over
the meeting of the Board. (1)
The Government shall appoint Secretary of the Board with such
terms and conditions and for such period as may be prescribed by the
Government. (2)
A person to be appointed to the post of Secretary shall be an
officer of the level of Joint Director or above of Bihar Education Service or
an officer of the level of Joint Secretary or above of Bihar Administrative
Service. (3)
The Government may, by notification, remove the Secretary, at any
time. No act or proceeding of the
Board or of any Committee of the Board shall be called in question on the
ground merely of the existence of any vacancy in or defect in the constitution
of the Board or Committee, as the case may be. The Board shall, by regulations,
prescribe the procedure to be followed in regulating the conduct of business at
meetings of the Board and of any Committee constituted by the Board under this
Act. (1)
The Board shall make arrangements for the conduct of different
examinations held under this Act. (2)
The Board- (a)
shall conduct Secondary and Senior Secondary Examinations of
students duly registered with schools affiliated with the Board; (b)
shall conduct examinations for the Diploma in Elementary Education
(Dl.Ed) of institutions recognized by the National Council of Teachers
Education (NCTE) and affiliated by the Board ; (c)
shall conduct such other examinations as directed by the
Department or as decided by the Board from time to time ; (d)
shall publish results and award certificates, diplomas, prizes and
scholarships for the examinations conducted by the board; (e)
shall grant affiliation to Secondary and Senior Secondary Schools
and institutions conducting Diploma in Elementary Education (Dl.Ed) courses; (f)
schools/institutions affiliated with the Board; (g)
shall have the power to suspend or cancel affiliation of the
schools/institutions which have been granted affiliation by the Board; (h)
shall determine ways and means for conduct of examinations,
publication of results and award of certificates and mark sheet; (i)
shall determine conditions for admitting students in affiliated
schools of the Board and permitting such students to appear in the Secondary
and Senior Secondary Examination being conducted by the Board; (j)
may debar students/institutions indulging in use of unfair means
in the examinations conducted by the Board: (k)
shall demand and receive such fees as may be prescribed by the
Board; (l)
shall encourage and promote curricular and extra-curricular
activities. (m)
shall try to improve knowledge and awareness among students,
teachers, guardians and among such persons as considered necessary by the
Board. (n)
may render financial assistance to educational institutions for
improving their infrastructure and encourage them to perform better. (o)
shall evolve improved methods of assessment of the attainments of
candidates and carry out experiments in such methods; (p)
may arrange inspection of Schools; (q)
shall conduct such other departmental examinations and perform
such other duties as may be prescribed; (r)
may constitute and appoint such committees, for carrying out the
functions and duties assigned to it under the Act; (s)
shall create such different posts in various offices of the Board,
up to the level of Section Officer. The posts above Section Officer shall be
created with the prior approval of the Department; (t)
may create such other temporary posts for a maximum period of one
year as may be deemed necessary for carrying out its duties and functions
assigned to it under the Act and may engage persons against such posts on Adhoc
basis for a maximum period of one year; and (u)
shall have the power to take online admission in the senior
secondary and/or secondary schools under its jurisdiction. (3)
The Board shall have such financial and administrative powers as
are enumerated in Appendix-1. The Government may, from time
to time, issue such general or special directions to the Board, as it may think
fit. The Board shall comply with such directions in performance of its
functions. (1) The
following shall be the officers of the Board, namely- (i) ???Chairman, (ii) ???Vice-Chairman, (iii) ??Secretary, (iv) ??Head of Department (HoD) of different wings,
as defined in sub-section (2) of this section, (v) ???Such other officers as mentioned in
Appendix-2, (vi) ??Such other officers as may be prescribed by
Rules made under this Act or as may be decided by the Board, from time to time. (2) The
following officers of the Board shall be the Head of the Department (HoD) of
their respective wings, namely: - (i) ????Director (Academics)-Academic Wing (ii) ???Chief Vigilance Officer -Vigilance Wing (iii) ??Controller of Examination, Secondary-
Secondary Examination Wing (iv) ??Controller of Examination, Senior Secondary-
Senior Secondary Examination Wing (v) ???Controller of Examination, Miscellaneous,-
Miscellaneous Examination Wing (vi) ??Director (Information Technology)-Information
Technology Wing (3) The
financial and administrative powers of HoDs of different wings shall be such as
enumerated in Appendix-1. Provided that the post of
officers of the Board, may be filled up by deputation also from the officers of
the State or Central Government. (1)
The Chairman shall have power to convene meetings of the Board and
shall preside over the meetings of the Board. (2)
In any emergency arising out of the administrative business of the
Board, which, in the opinion of the Chairman, requires that immediate action should
be taken, the Chairman shall take such action as he deems necessary, and shall
thereafter report the action taken by him to the Board at its next meeting. (3)
He shall be the appointing and disciplinary authority of all
employees above the level of Office Attendant; (4)
The financial and administrative powers of the Chairman shall be
such as enumerated in Appendix-1. (5)
The Chairman shall exercise such other powers as may be conferred
upon him by the Rules and Regulations framed under the Act. (6)
The Chairman shall also discharge such other duties and functions,
as directed by the Government from time to time. (1)
The Vice-Chairman shall be the presiding officer of the meetings
of the Board in the absence of the Chairman. (2)
The financial and administrative powers of the Vice-Chairman shall
be such as enumerated in Appendix-1. In the absence of Vice-Chairman, the
financial and administrative power of the Vice-Chairman may be exercised by the
Chairman. (3)
The Chairman may delegate any of his power and functions to the
Vice-Chairman including his financial and/or administrative powers. In
addition, the Chairman may assign any other work or function to the
Vice-Chairman. (1)
The Secretary shall, subject to the control of the Board, be the
Chief Administrative Officer of the Board. He shall also be responsible for the
presentation of the annual estimates and statement of accounts. (2)
The Secretary shall be the Member-Secretary of the Board. (3)
The Secretary shall be responsible for ensuring that all moneys
are expended for the purpose for which they are granted or allotted. (4)
The Secretary shall be responsible for keeping the minutes of the
Board meeting. (5)
The Secretary shall be the appointing and disciplinary authority
of the level of employees of Office Attendant. (6)
The financial and administrative powers of the Secretary shall be
such as enumerated in Appendix-1. (7)
The Secretary shall exercise such other powers as may be
prescribed by the Rules and Regulations, framed under the Act. The Controllers of
Examinations shall have following powers and functions namely- (a)
To consider, moderate, determine and publish the results of the
examinations; (b)
To admit candidates to the concerned examinations and disqualify
any candidates from appearing in such examinations for any reason which in his
opinion is prejudicial to the examination system and the provisions of the Act; (c)
To fix examination centers and evaluation centers; (d)
To prepare lists of persons suitable for appointment as
paper-setters, moderators, examiners, tabulators, supervisions and invigilators
for examinations and make appointments as such;. (e)
Conduct of examination, Publication of Press Communiques,
Preparation and publication of result. (f)
Matters related to scrutiny and correction/publication of pending
result. (g)
Such other functions as decided by the Board from time to time. (1) The
functions of Director (Academics), Chief Vigilance Officer and Director
(Information Technology) shall be as follows: - (i) ???Director (Academics) - Director (Academics)
shall be the head of the Academic wing and he would be responsible for ensuring
that affiliation of institutions for Secondary, Senior Secondary and other
training courses are granted in accordance with the provisions of the Act. He
would recommend and review the curriculum and syllabus. He shall discharge such
other duties and functions as decided by the Board from time to time. (ii) ???Chief Vigilance Officer - Chief vigilance
officer shall be the head of vigilance wing. His duty shall be to prevent and
detect corruption and other malpractices in the head quarter offices and
regional offices of the Board and to recommend appropriate action against such
employees, found to have indulged in corrupt practices, which are prejudicial
to the interest of the Board. (iii) ??Director (Information Technology) - Director
(Information Technology) shall be the head of the Information Technology (I.T)
wing and shall be responsible for strategy, management and execution of I.T.
related works in the Board including I.T related works in the conduct of
different examinations of the Board. (2)
The Board shall have the power to confer such other functions as
may be deemed necessary, on the officers of the Board. (3)
The functions of other officers of the Board, mentioned in
Appendix-2 shall be determined by the Board, from time to time. (1) The Board
shall have the power to grant affiliation of Secondary and Senior Secondary
Schools or any other school established or to be established by the
non-governmental organizations or private persons on the basis of
recommendation of the Committee of Affiliation constituted under section 20 of
the Act and it shall have power to make regulations in this regard with the
approval of the Department; Provided that the
Institutions of imparting education of intermediate (+2) standard deemed to
have been recognized under Section 39 of the institutions established and
recognized or granted permission for establishment under Section 41 of the
Bihar Intermediate Education Council Act, 1992 shall be deemed to have been
affiliated with Board for the senior secondary examination. Provided further that all
such institutions of Intermediate (+2) Education shall reorganize and rename
themselves as Senior Secondary Schools with facilities and teachers for
imparting education at secondary stage and senior secondary stage as prescribed
by the Regulations to be made by the Board in this regard, and within the time
frame indicated in it: (2) The Board
shall have the power to withdraw/cancel/suspend affiliation of Secondary and
Senior Secondary Schools which have been granted affiliation under subsection
(1) of Section 19 or deemed to have been affiliated with the Board under first
proviso to Section 19 (1) of the Act, if in the opinion of the Board, the
affiliated institutions have failed to maintain the requisite standards for
grant of affiliation or have in any manner acted in the detriment or
prejudicial to the interest of the students, Board or the education system in
general. Provided also that before
withdrawing/cancelling affiliation, the Board shall give to the schools or the
institutions concerned a reasonable opportunity of being heard, and the
students admitted into such schools or institutions shall be allowed to
complete their academic sessions and appear at the next examination conducted
by the Board. (3) When
affiliation of Secondary and Senior Secondary Schools which have been granted
affiliation under subsection (1) of Section 19 or deemed to have been
affiliated with the Board under first proviso to Section 19 (1) of the Act, is
liable to be cancelled, pending final decision regarding withdrawn/cancellation
of affiliation, the affiliation, may, at the discretion of the Board, be
suspended after recording reasons for the same. No prior show cause notice
shall be required to be served upon such institutions, before suspending
affiliation. (1)
A Committee shall be constituted by the Board for considering and
recommending grant of affiliation of Secondary, Senior Secondary and other
Schools, for which it has to take examination, established by nongovernmental
organizations or private persons. (2)
The recommendation of the Committee of Affiliation shall be placed
before the Board for final decision. The recommendation of the Committee of
Affiliation shall not be binding upon the Board and the Board shall have the
power to constitute such other committees for determining the eligibility of the
Secondary and Senior Secondary Schools seeking affiliation with the Board. (3)
The Committee of affiliation shall consist of the following:- (i) ???Secretary of the Board; (ii) ???Director, Secondary Education, Government of
Bihar (iii) ??Director(Academics) of the Board (iv) ??Chief Vigilance Officer of the Board (4) The
Secretary of the Board shall function as Convenor of the Committee, (1) If in the
opinion of the Government, the Board is unable to perform the duties imposed
upon it by or under the Act or has repeatedly failed in its performance or has
not complied with the directions issued under section 12 by the Government or
has acted beyond its power or has abused its powers, the Government may by notification
supersede the Board for such period which may be specified in the notification: Provided that before
issuing notification under this subsection, the Government shall give
reasonable opportunity to the Board to show cause why it should not be superseded
and shall consider the explanations and objections, if any, of the Board. (2)
Upon the publication of the notification under subsection (1) for
the supersession of the Board- (a)
All the members of the Board shall vacate their posts as such with
effect from the date of supersession; (b)
All the powers and duties to be exercised or performed by or on
behalf of the Board by or under the provisions of the Act during the period of
supersession shall be exercised or performed by such persons as the Government
directs; and (c)
all the properties vested in the Board, during the period of
supersession, shall vest in the Government. (3)
On the expiration of the period of supersession specified in the
notification issued under subsection (1), the Government- (a)
may extend the period of supersession for such further period as
it may consider necessary; or (b)
may reconstitute the Board as provided in section-4. (1)
There shall be established a fund for the Board which shall be
vested in the Board for the purposes of this Act, subject to the provisions
contained therein, to be called the Fund of Board. (2)
There shall be placed to the credit of the Fund of Board ? (a)
all sums allotted to the Board from the Consolidated Fund of the
State of Bihar by the Government and all sums borrowed by the Board for the
purposes of carrying out the provisions of this Act and the Rules and
Regulations made thereunder; (b)
all money received by or on behalf of the Board including all fees
payable and levied under any provisions of this Act and the Rules and the
Regulations made thereunder; and (c)
all other sums received by the Board, not included in the
preceding clauses. (3)
The sums received on account of Fund of Board shall be kept in any
scheduled commercial bank/banks (approved by the Reserve Bank of India) and
shall be credited to account to be called the Account of the Bihar School
Examination Board. Fund of Board shall be
applicable to the following objects: - (a)
to the repayment of debts incurred by the Board for the purpose of
this Act and the Rules and Regulations made thereunder; (b)
to the payment of the salaries and allowances of the officers and
staff of the Board; (c)
to the payment of the travelling and other allowances of the
members of the Board and the various Committees constituted under the Act,
Rules and Regulations framed there under; (d)
to the payment of the expenses incurred in conducting the
examinations and performing the functions entrusted to the Board under this Act
and the Rules and Regulations made there under; (e)
to the payment of the cost of audit of the Fund of Board; (f)
to the payment of grant-in-aid for distribution among schools as
subsidies with a view to enable such schools to introduce revised courses of
studies and to make other improvements; (g)
to payment of grants to any educational institution affiliated
with the Board for improving its infrastructure or to encourage it to perform
better. (h)
To the payment for creation of infrastructure including purchase
of land and building; construction of building; payment of rent for land and
building; payment for security and rent for hiring vehicle; purchase of
machinery, vehicle, equipment, software and hardware etc; (i)
to the payment for encouragement and promotion of curricular and
extracurricular activities among students; (j)
to the payment for improvement of knowledge and awareness among
students, teachers, guardians and among such persons as considered necessary by
the Board; (k)
to payment for any activity for improving the functioning and/or
work culture of the Board, or to improve efficiency of the officers and staffs
of the Board; (l)
to the expenses of any suit or proceedings to which the Board is a
party; (m)
to the payment of any other expenses up to rupees five crore, not
specified in any of the preceding clauses, declared by the Board, with the
approval of Board and above rupees five crore with the prior approval of the
Department, to be the expenses for the purposes of the Board; and Provided that the grant of
any sum for application to the objects specified in clauses (f) and (g) shall
be subject to the approval of the Board. The accounts of the Board
shall be subject to audit. The Board shall conduct
examinations to be called the Secondary School Examinations, at which may be
allowed to appear all such duly enrolled candidates who have completed the
prescribed course of studies taught at the in Secondary or Senior Secondary
Schools affiliated with the Board and, notwithstanding anything contained in
any law, a student who has passed the Secondary School Examination shall be
eligible for enrolment as a student of Senior Secondary Section of High Schools/Colleges
subject to the fulfillment of such conditions as may be prescribed by the
Statutes, Ordinances and Regulations made under the law of their incorporation; Provided that the courses
of studies shall be in such groups and in accordance with such instructions as
may from time to time, be laid down by the Department. The Board shall conduct
examination to be called the Senior Secondary School Examination at which may
be allowed to appear all such duly enrolled candidates who have completed the
prescribed courses of studies taught in Senior Secondary Schools/Intermediate
Section of College/Colleges and, notwithstanding anything contained in any law,
a student who has passed the Senior Secondary Examination shall be eligible for
enrolment as a student of any University incorporated by any law for the time
being in force subject to the fulfillment of such conditions as may be
prescribed by the Statutes, Ordinances and Regulations made by the Universities
concerned under the law of their incorporation; Provided that the courses
of studies shall be in such groups and in accordance with such instructions as
may from time to time, be laid down by the Department. The Board shall conduct
examinations to be called other Miscellaneous Examinations notified by the
Department or as decided by the Board, to be conducted by the Board at which
all such duly enrolled candidates may be allowed to appear as per Rules and
Regulations prescribed by the Board. The Secondary/Senior
Secondary School/Miscellaneous other Examinations to be conducted by the Board
shall aim at testing the competence and accomplishment of such candidates and
preparedness for absorption in different vocations or services and/or their
suitability for receiving higher education. (1)
In addition to the headquarter of Board at Patna, there shall be
regional offices of the Board at different places as per decision of the Board. (2)
The regional offices of the Board shall also accept the
applications regarding students/candidate's grievances and shall take steps for
their redressal. The following shall be the
duties and functions of the regional offices, namely - (i) ????Major corrections pertaining to Senior
Secondary and Secondary Examinations. Major corrections are defined as
corrections leading to fundamental change, Viz. DOB, gender, category, name,
etc. (ii) ???Minor corrections pertaining to Senior
Secondary and Secondary Examinations. Minor corrections are defined as
corrections pertaining to spelling related errors. (iii) ??Issuance of duplicate certificates (viz.
Duplicate certificate, English version certificate, Mark sheet etc.) pertaining
to Secondary and Senior Secondary Examinations. (iv) ??Online verification of results pertaining to
Secondary and Senior Secondary Examinations. (v) ??Any other work related to examinations or any
other matter as directed by the Board. Provided that the duties
and functions of the Regional offices may be amended by the Board, from time to
time. The administrative and
financial powers of the In-charge officer of regional office shall be as per
Appendix-1. The Government may, by
notification in the official gazette, make Rules not inconsistent with the
provisions of this Act for carrying out the purpose and objects of this Act. The Board may, by
notification in the official gazette and subject to confirmation by the
Department, make Regulations not inconsistent with the Act and the Rules made
thereunder to provide for all or any of the following matters, namely: - (a)
the procedure to be followed in regulating the conduct of business
at meetings of the Board; (b)
for regulating the schools/institutions affiliated with the Board
; (c)
for improvement of teaching standards for imparting education in
the schools affiliated with the Board; (d)
the affiliation/de-affiliation of schools; (e)
prescribing the mode and manner of permanent/regular appointment
of officers and employees of the Board and qualifications for such posts; (f)
the service conditions of the Officers and employees of the Board;
and (g)
any such matter which by this Act or the Rules made thereunder are
to be or may be provided by Regulations. (1)
The Chairman shall have the power to revise any order passed by
the Secretary or by the Head of Department of the respective wing. (2)
Any person being aggrieved from the order of the Chairman, may
prefer an appeal before the Board. (3)
Any person being aggrieved from the order of the Secretary, may prefer
an appeal before the Chairman. (4)
There shall be no appeal against the orders of the Board, however
the person aggrieved, may prefer a review before the Board. (5)
No appeal shall be entertained unless it is submitted within a
period of two months from the date on which the appellant receives a copy of
the order appealed against, provided that the appellate authority may entertain
the appeal after expiry of the said period if it is satisfied that the
appellant had sufficient cause for not submitting the appeal in time. All assets and liabilities
of the Board acquired in any of its offices such as immovable, movable, land,
buildings, stores, vehicles, books, cash, securities, investments, furniture
and other shall be deemed to be under control of the Board. All such agreements
and contracts done before commencement of this Act and liabilities so created shall
be deemed to be under this Act. Before commencement of the
Act, any agreement or contract done by any person with the Board, if found to
be have been executed not in good faith, the contract or agreement so executed
against the interest of the Board may be cancelled or amended to that extent,
without any liability on the Board. Until such time as the
Board makes Rules & Regulations under the appropriate provisions of this
Act, any Rules & Regulations prevailing in the Bihar School Examination
Board which were in force, shall continue to be in force so far as they are not
inconsistent with the provisions of this Act. (1)
The Bihar School Examination Board Act, 1952 (Bihar Act of 1952)
including its amending Acts, are hereby repealed. (2)
Notwithstanding such repeal, anything done or any action taken in
exercise of any power conferred by or under the said Act shall be deemed to
have been done or taken in the exercise of powers conferred by or under this
Act, as if this Act was in force on the day on which such thing or action was
done or taken. (3)
All proceedings pending or otherwise, immediately before the
commencement of this Act shall on such commencement be deemed to be proceedings
pending under this Act and shall be dealt with accordingly under the provisions
of this Act. Every rule, regulation,
order or notification which was made under the Bihar School Examination Board
Act, 1952 (Bihar Act of 1952) including its amending Acts by the State of Bihar
or by the Board or by the authorities of the Board under those enactments,
which was in force immediately before the repeal thereof shall, in so far as
such order or notification or rule or regulation is not inconsistent with the
provisions of this Act, be deemed to continue in force, as if it has been made
under this Act, till such time the Government makes Rules or the Board makes
Regulations under the appropriate Provisions of Act. If any difficulty arises in
the execution of any provision of this Act, the Government may issue order or
instruction to remove such difficulty which would be binding on the Board. In case of any ambiguity or
difference in interpreting the provisions of the English and the Hindi version
of this Act, the provision of the English version of this Act shall be
applicable. APPENDIX-I FINANCIAL AND ADMINISTRATIVE POWERS (1) The
financial and administrative powers of the Board, Chairman, Secretary, HoDs and
In-charge of Regional offices shall be redefined as follows - Name of Authority Financial Powers Administrative Powers Leave Disciplinarily matters Board Above Rs. 25 lakhs -- Shall be the appellate authority
against the order passed by the Chairman Chairman More than Rs. 20 lakhs and up to Rs.
25 lakhs Sanctioning Authority of grant of
leave to the Vice-Chairman of the Board. (i) Shall be the appointing and
disciplinary authority of all employees above the level of Office Attendant; (ii) Shall be the appellate authority
against the order passed by the Secretary. Vice-Chairman More than Rs. 10 lakhs and up to Rs.
20 lakhs Sanctioning Authority of grant of
leave to the Secretary of the Board. -- Name of Authority Financial Powers Administrative Powers Leave Disciplinarily matters Secretary Up to Rs. 10 lakhs (i) Sanctioning Authority of leave of
the HoDs of the Board. (ii) Sanctioning Authority of leave (except Casual/
Restricted/ Compensatory Leave)of all officers and staff. Shall be the appointing and
disciplinary authority of the level of employees of Office Attendant. HoDs Up to Rs. 01 lakh Sanctioning Authority of
Casual/Restricted/Compensatory Leaves to the officers and staff of their wing
as per Rules. Suspension of officers and staff up
to level of Section Officer in their wing, as per Rules and recommending
departmental proceedings against officers and employees in their wing; In charge of Regional offices Up to Rs. 0.75 lakh Sanction of casual leaves of officers
and staff posted in the regional offices. -- Note :- (1)
The Chairman shall have overall control and supervision over all
HoDs and wings. The order of suspension and/or imposition of penalties passed
by the Secretary and respective HoDs may be reviewed and modified by the
Chairman. The above mentioned financial and administrative power of Vice-Chairman,
Secretary and HoDs may be subjected to modifications by the Chairman. (2)
The Department may redefine the aforesaid powers, from time to
time, and therefore this Appendix may be modified by the Department, from time
to time. APPENDIX - II OFFICERS OF DIFFERENT WINGS OF THE BOARD The officers of different
wings of the Board, shall be as follows, namely - 1.
Secretariat Wing: - (a)
Additional Secretary, (b)
OSD (Officer on Special Duty) (c)
Joint Secretary, (d)
Joint Secretary (Regional Office), (e)
Joint Secretary (OFSS), (f)
Deputy Secretary, (g)
Deputy Secretary (OFSS) (h) Finance Officer, (h)
Chief Accounts Officer, (i)
Assistant Secretary, (j)
Assistant Secretary (OFSS) (k)
Law Officer, (l)
Public Relation Officer, (m)
Administrative Officer, (n)
Project Manager, (o)
Project Manager (OFSS) (p)
Assistant Engineer, (q)
Accounts Officer. 2.
Academics Wing: - (a)
Director (Academics) (b)
Assistant Secretary (Affiliation and grants), (c)
Assistant Secretary (Teaching and Training), (d)
Academic Advisor (Arts/Humanity), (e)
Academic Advisor (Science/Mathematics). 3.
Vigilance Wing: - (a)
Chief Vigilance Officer, (b)
Vigilance Officer. 4.
Secondary Examination Wing: - (a)
Controller of Examinations, (b)
Deputy Controller of Examinations. 5.
Senior Secondary Examination Wing: - (a)
Controller of Examinations, (b)
Deputy Controller of Examinations. 6.
Miscellaneous Examination Wings: - (a)
Controller of Examinations, (b)
Deputy Controller of Examinations. 7.
I.T. Wing: - (a)
Director, (b)
Deputy Director, (c)
Deputy Director (OFSS), (d)
System Analyst. Note- The Board may make
changes to the above list from time to time.
Preamble - BIHAR SCHOOL EXAMINATION BOARD ACT, 2019PREAMBLE